UC-NRLF 


^^^^^iv  f  S^^E^KCBH 


B    3    T5t.    S73 


•^ 


^^ 


TESTIMONY 


Taken  before  the  Board  of  Trustees  of  the  California  State  Library. 


IN  THE  MATTER    OF  THE 


Charges  preferred  by  Trustee  J.  J.  OWEN  against 
TALBOT  H.  WALLIS,  State  Librarian. 


S.  Solon  Holl,        .        .        -        .       for  Prosecution. 

Add.  C.  Hinkson,  J.  C.  Ball,  Grove  L.  Johnson,  and  J.  S.  Wallis, 

for  Defense. 


WiNFiKLD  J.  Davis,  Official  Reporter. 


SACRAMENTO: 

STATE  OFFICE, JAMES  J.  AYERS,  SUPT.  STATE  PRINTING, 

1883. 


UBRAKV 
KHOOL 


UlXCHANGCS 


TESTIMONY. 


The  Board  of  Trustees  of  the  California  State  Library  met  at  the 
private  office  of  the  State  Librarian,  in  the  State  Capitol  building, 
on  Monday,  August  13,  1883,  for  the  purpose  of  investigating  certain 
charges  which  had  been  preferred  by  Trustee  J.  J.  Owen  against 
Talbot  H.  Wallis,  State  Librarian. 

There  were  present — Trustees  A.  C.  Freeman,  Henrj'  Edgerton,  I. 
S.  Belcher,  J.  J.  Owen,  and  Matt.  F.  Johnson. 

The  minutes  of  the  meeting  of  the  Board  held  on  July  26,  1883, 
were  read  by  the  Secretary  pro  tern.,  C.  E.  Gunn,  corrected  in  certain 
particulars,  and  approved  as  so  corrected. 

On  motion  of  Trustee  Edgerton,  S.  Solon  Holl  was  permitted  to 
appear  as  counsel  in  the  prosecution  of  the  charges,  he  having 
requested  the  Board  to  permit  him  to  appear  in  that  capacity,  as 
counsel  for  Miss  M.  A.  Patton. 

The  Secretary  read  the  charges,  when  Mr.  Johnson,  of  counsel  for 
the  defendant,  asked  leave  to  file  a  paper  on  behalf  of  the  defend- 
ant, and  permission  being  given,  the  paper  was  read  to  the  Board 
and  placed  on  file.    *< 

On  motion  of  Mr.  Edgerton,  Judge  Holl  was  given  leave  to  pre- 
pare and  serve  upon  Mr.  Wallis,  or  his  counsel,  amended  charges, 
within  five  days  from  this  date,  and  Mr.  Wallis  was  given  leave  to 
answer  the  same  within  five  days  after  such  service,  and  the  further 
hearing  of  these  charges  was  continued  until  Tuesday,  September  4, 
1883,  at  one  o'clock  p.  m. 

Mr.  Owen  moved  that  the  Board  request  the  attendance  upon  the 
fourth  day  of  September,  1883,  of  the  following  witnesses  for  the 
prosecution :  R.  0.  Cravens,  Hon.  B.  D.  Murphy,  S.  P.  Maslin,  R.  M. 
darken,  E.  K.  Dunlap,  and  Mr.  Metcalf,  and  of  such  other  persons 
as  may  be  invited  by  counsel  in  this  matter  five  days  before  said 
fourth  day  of  September,  1883. 

On  motion  of  Mr.  Edgerton,  Winfield  J.  Davis  was  requested  to 
act  as  Official  Reporter  of  the  Board  in  all  of  the  proceedings  in  con- 
nection with  the  charges  against  Mr.  Wallis. 

On  motion,  the  Secretary  was  directed  to  furnish  counsel  on  both 
sides  with  a  certified  copy  of  the  charges  preferred  bj^  Trustee  Owen, 
and  now  on  file. 

The  Board  then  adjourned  until  September  4,  1883. 


The  Board  of  Trustees  of  the  California  State  Library  again  met 
in  the  State  Capitol  building,  on  Tuesday,  September  4,  1883,  at  one 

4263S3 


o'clock  p.  m'.  A.ri  of  tHe  members  of  the  Board  were  present  except 
Trustee  Belcher,  and  it  was  agreed  by  counsel  on  both  sides  that  the 
transcript  of  the  testimony,  as  furnished  by  the  Official  Reporter, 
should  be  submitted  to  Judge  Belcher,  and  that  his  vote  should  be 
cast  in  the  final  determination  of  the  questions  to  be  passed  upon  by 
the  Board  in  connection  with  this  investigation. 

Mr.  Owen  moved  to  strike  out  the  entire  second  subdivision  of  the 
answer  of  the  defendant  to  the  amended  charges,  and  the  motion 
was  carried — Trustees  Edgerton,  Owen,  and  Johnson  voting  in  the 
affirmative,  and  Trustee  Freeman  voting  in  the  negative. 

The  Board  then  proceeded  to  hear  testimony. 


AMEI^DED  iJHAEGES. 


To  the  Board  of  Ih-'ustees  of  the  State  Library  of  the  State  of  California  : 

Gentlemen:  I  hereby  charge  that  Talbot  H.  Wallis  is  not  a  fit  or 
proper  person  to  hold  the  high  and  responsible  position  of  Librarian 
of  the  State  Library,  and  I  therefore  ask  that  this  Board  remove  him 
from  that  position,  for  the  following  reasons: 

First-^Said  Talbot  H.  Wallis  is  so  deficient  iif  education,  a  knowl- 
edge of  the  English  language,  and  general  information,  that  he  is 
incompetent  to  properly  discharge  the  duties. pertaining  to  his  office 
of  Librarian. 

Second — That,  taking  advantage  of  his  official  position,  he  is  guilty 
of  grave  public  offenses,  committed  by  him  while  holding  said  office 
of  Librarian,  in  this,  to  wit: 

(a)  That  about  the  twenty-first  day  of  January,  1883,  a  letter  was 
received  through  Wells,  Fargo  &  Co.'s  Express,  at  the  library, 
inclosed  in  an  envelope,  and  bearing  a  United  States  postage  stamp, 
and  the  stamp  of  Wells,  Fargo  &  Co.,  addressed  to  Hon.  R.  O. 
Cravens,  the  former  Librarian.  This  letter  was  placed  into  the  pos- 
session of  said  Talbot  H.  Wallis,  and  was  by  said  Wallis  willfully  and 
intentionally  destroyed,  without  the  knowledge  or  consent  of  said 
Cravens.  , 

{b)  That  on  or  about  the  twenty-fourth  day  of  February,  1883,  a 
letter  inclosed  in  an  envelope,  bearing  a  United  States  postage  stamp, 
and  addressed  to  Miss  M.  A.  Patton,  one  of  the  Deputy  Librarians* 
was  received  at  the  library  in  due  course  of  mail.  This  letter  came 
into  the  hands  of  Talbot  H.  Wallis,  as  such  Librarian,  and  was  by 
him  willfully  and  unlawfully  opened  and  read  without  the  knowledge 
or  consent  of  said  Miss  Patton. 

(c)  That  on  or  about  the  second  day  of  April,  1883,  a  letter  inclosed 
in  an  envelope,  bearing  a  United  States  postage  stamp,  and  the 
stamp  of  Wells,  Fargo  &  Co.,  addressed  to  Miss  M.  A.  Patton,  one  of 


the  deputies  of  the  library,  was  received  at  the  library.  This  let- 
ter was  delivered  to  Talbot  PI.  Wallis,  the  said  Librarian,  and  by 
him  retained  twenty-four  hours,  and  unlawfully  and  willfully  oi)ened 
and  read  without  the  knowledge  or  consent  of  said  Miss  Patton. 

Tliird — That  said  Talbot  H.  Wallis,  as  such  Librarian,  has  encour- 
aged and  permitted  to  be  used,  and  used  himself,  a  portion  of  said 
library  as  a  general  resort  for  dispensing  and  drinking  intoxicating 
liquor  and  smoking  tobacco.  That  during  the  recentsession  of  the  Leg- 
islature said  Wallis  kept  in  a  portion  of  the  library  large  quantities 
of  intoxicating  liquors,  having  for  that  purpose  as  many  as  three 
demijohns,  one  of  them  holding  three  or  four  gallons.  These  demi- 
johns were  kei)t  exposed  to  full  view  in  that  part  of  the  library,  and 
were  frequently  emptied  and  refilled,  and  when  refilled  the  larger  one 
was  sometimes  brought  into  the  library  through  the  main  entrance. 
That  part  of  the  library''  where  the  liquor  was  kept  became  and  was 
for  a  long  time  a  general  resort  for  persons  who  chose  to  drink  liquor 
or  to  smoke;  and  frequently,  almost  every  hour  during  the  day,  men 
were  gathered  around  these  demijohns  drinking  and  smoking;  not 
infrequently  as  many  as  eight  and  ten  at  a  time  were  there. 

Fourth — That,  contrary  to  the  rules  of  this  Board,  said  Talbot  H. 
Wallis  frequently,  while  in  said  library,  indulges  in  loud,  boisterous, 
and  unbecoming  language. 

Fifth — That  owing  to  his  defective  education  and  limited  culture, 
his  want  of  proper  dignitj^  his  lack  of  information  concerning 
matters  pertaining  to  the  library,  his  deportment,  and  general  incom- 
petency, is  so  conspicuous  that  it  draws  upon  him  the  severest  criti- 
cisms and  unfavorable  comments  of  educated  strangers  and  others 
who  visit  the  library  for  amusement  or  information,  and  reflects 
discredit  on  the  State  of  California. 

Sixth — That  said  Talbot  H.  Wallis  is  generally  untruthful,  and  is 
guilty  of  using  language  in  the  library,  concerning  his  assistants, 
which  is  slanderous,  indecent,  most  reprehensible,  and  untrue,  and 
especially  is  this  so  in  reference  to  his  late  assistant,  Miss  Patton. 

All  of  which  is  respectfully  submitted. 

J.  J.  OWEN, 
Trustee  of  the  State  Library. 

The  within  amended  charges  were  served  upon  us  this  eighteenth 
day  of  August,  1883. 

ADD.  C.  HINKSON, 
G.  L.  JOHNSON,  and 
J.  C.  BALL, 
Attorneys  for  T.  H.  Wallis. 


AI^SWEE  TO   AMEIsTDED   OHAEGES. 


State  of  California.  Before  the  Board  of  Timstees  of  the  State  Library. 
In  the  matter  of  the  charges  preferred  by  Trustee  J.  J.  Owen  against 
Talbot  H.  Wallis,  State  Librarian: 

Now  comes  the  defendant,  the  said  Talbot  H.  Wallis,  State  Libra- 
rian, and  says: 

First — That  the  said  charges  are  subject  to  demurrer,  because — 

(a)  This  honorable  Board  has  no  official  power  to  investigate  said 
charges,  or  any  of  them. 

{b)  Neither  all  nor  any  of  said  charges  state  facts  sufficient  to  con- 
stitute an  offense  against  any  of  the  rules  or  regulations  of  said 
Board,  or  against  any  of  the  laws  of  the  land. 

(c)  Said  charges  are  ambiguous,  unintelligible,  and  uncertain,  in 
this:  That  it  cannot  be  told  therefrom  what  rules  of  said  Board  of 
Trustees  have  been  violated,  or  what  provision  of  law  has  been  vio- 
lated, or  what  code  of  morals  has  been  violated;  and  further,  that 
the  specifications  do  not  give  the  time,  or  the  place,  or  the  circum- 
stances of  the  alleged  offenses  charged  against  defendant  with  suffi- 
cient particularity  to  enable  the  defendant  properly  to  answer  or 
properl}^  to  prepare  for  trial. 

But  the  defendant  does  not  desire  to  avail  himself  of  any  techni- 
cal defense  herein,  and  he  calls  attention  particularly  to  these  mat- 
ters, at  the  same  time  waiving  hereby  any  formal  or  technical 
objection  to  said  charges. 

And  for  answer  to  the  said  charges  and  specifications,  the  defend- 
ant— 

I. 

Pleads  not  guilty  to  each  and  all  and  every  one  of  said  charges 
and  specifications, 

II. 

[The  second  subdivision  of  this  amended  answer  was  stricken  out 
by  the  Board  of  Trustees. — Reporter.] 

And  further  answering  said  charges  and  specifications,  the  defend- 
ant avers  that  the  said  charges  are  not  brought  in  good  faith  by  said 
Trustee  J.  J.  Owen  ;  that  said  Trustee  is  not  the  real  author  of  them; 
and  that  he  brings  them  to  gratify  his  personal  feelings  of  malice 
and  spite  towards  this  defendant;  and  also  to  gratify  the  hatred  and 
malicious  feelings  of  one  Miss  M.  A.  Patton  towards  this  defendant. 
The  defendant  avers  that  the  said  Miss  M.  A.  Patton  was  a  deputy  of 
this  defendant,  and  was  by  him,  on  or  about  the  thirty-first  day  of 
July,  1883,  removed  for  good  cause;  that  the  said  Miss  Patton  owed 
her  original  appointment  as  said  deputy  to  said  Trustee  Owen,  and 
claimed  to  have  great  and  almost  exclusive  control  over  the  said 


Owen;  that  the  said  Owen  notified  defendant  that  if  he  discharged 
said  Miss  Patton  from  her  said  position  as  deputy  under  defendant, 
he,  said  Owen,  would  prefer  charges  against  defendant,  and  would 
cause  them  to  be  published  in  the  newspapers,  and  would  thus  polit- 
ically ruin  this  defendant  forever;  that  the  said  Owen  and  the  said 
Miss  Patton  entered  into  a  conspiracy  during  the  months  of  Septem- 
ber and  October,  1882,  to  oust  this  defendant  from  his  position  of 
State  Librarian,  and  in  furtherance  thereof  made  various  attacks 
upon  this  defendant,  which  attacks  and  conspiracy  have  finally  cul- 
minated in  the  presentation  of  these  charges. 
Dated  Sacramento,  Cal.,  August  23,  1883. 

ADD.  C.  HINKSON, 

J.  C.  BALL, 

GROVE  L.  JOHNSON, 

Attorneys  for  Defendant. 
[Filed  August  23,  1883.] 


Testimony  of  E.  K.  Dunlap. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — What  is  your  name?     Answer — Dunlap,  E.  K. 

Q.  E.  K.  Dunlap?    A.  Yes. 

Q.  Where  do  you  reside  ?    A.  At  the  City  of  San  Jose. 

Q.  Were  you  in  the  City  of  Sacramento  during  the  time  when  the 
Republican  State  Convention  was  held  last  year?    A.  Yes.- 

Q.  Were  you  at  the  State  House  at  that  time  ?    A._  Yes. 

Q.  What  portion  of  it?    A.  Many  portions  of  it,  sir. 

Q.  Principally  in  what  portion?  A.  Principally  in  the  chamber 
in  which  the  Convention  met  and  in  the  hallway  outside ;  prin- 
cipally in  the  hallway. 

Q.  That  leads  from  the  rotunda  to  the  Assembly  Chamber?  A. 
Yes,  if  it  was  the  Assembly  Chamber  in  which  the  Convention  met, 
and  I  think  it  was. 

Q.  Yes,  it  was  the  Assembly  Chamber  in  which  the  Convention 
met?    A.  Yes. 

Q.  Do  you  know  Mr.  Wallis?    A.  Not  personally. 

Q.  Do  you  know  him  by  sight?     A.  Yes. 

Drinking  in  the  Library. 

Q.  What,  if  anything,  did  occur  that  attracted  your  attention  in 
the  room  that  is  next  to  the  rotunda,  where  the  door  goes  in  next  to 
the  rotunda  after  you  start  towards  the  Assembly  Chamber  on  your 
right  hand? 

Mr.  Johnson  objected  to  the  question,  as  being  irrelevant,  imma- 
terial, incompetent,  not  responsive  to  any  of  the  issues  in  the  case, 
and  because  counsel  for  the  prosecution  has  stated  in  the  presence  of 
this  Board  that  it  is  not  included  in  any  of  the  charges  or  specifica- 
tions. 


8 

Mr.  HoLL — I  did  not  talk  to  this  witness  before  I  drew  the  charges. 
There  are  charges  as  to  the  use  of  a  portion  of  this  library  for  a 
drinking  saloon,  and  the  charges  refer  to  the  time  when  the  last 
Legislature  was  in  session.  I  have  ascertained  that  during  the  ses- 
sion of  the  Republican  Convention  the  same  thing  occurred  and  the 
same  room  was  made  a  drinking  saloon. 

Mr.  Johnson — If  the  reporter  will  take  down  the  statement  that 
this  is  the  only  additional  charge  he  proposes  to  make,  we  will  with- 
draw the  objections,  if  the  Board  desires  to  hear  it. 

Mr.  HoLL — Then,  Mr.  Dunlap,  go  on  ?  A.  I  cannot  give  the  date; 
it  was  about  a  year  ago. 

Q.  Will  you  please  answer  the  question  now  ?  A.  You  wish  me, 
as  I  understand  you,  to  make  a  statement  bearing  on  the  matter  you 
have  just  explained? 

Q.  Yes;  anything  with  reference  to  the  place  being  made  a  drink- 
ing place?  A.  Well,  as  to  its  being  made  a  drinking  place,  I  am 
perhaps  not  qualified  to  say,  but  I  can  say  this :  that  during  that 
Convention  I  would  see  persons  enter  the  private  office  of  the  Libra- 
rian, and  I  did  see  them  drinking  there. 

Q.  State  to  what  extent  that  thing  was  carried  on ;  as  to  how 
frequently  persons  would  go  there?  A.  I  was  there  during  the 
entire  Convention  and  I  noticed  it  several  times — a  number  of  times. 

Q.  Give  this  Board  some  idea  as  to  the  number  of  persons  that 
went  in  there  and  the  number  of  times  persons  went  in  there  dur- 
ing the  two  days  you  were  in  attendance?     A.  I  could  not  do  that. 

Q.  Approximate  it  as  near  as  you  can.  Was  it  once  or  twice  dur- 
ing a  day  or  frequently?    A.  It  was  several  times  during  a  day. 

Q.  How  many  times?  Once,  twice,  thrice,  or  how  many?  A.  It 
was  enough  to  attract  my  attention  to  the  fact. 

Q.  The  fact  of  what?    A.  That  persons  were  drinking  there. 

Q.  That  that  was  made  a  place  for  drinking  purposes? 

Mr.  HiNKSON — He  did  not  state  that. 

A.  It  was  sufficiently  often  to  attract  my  attention  to  the  fact  that 
it  was  done  there. 

Mr.  HoLL — That  drinking  is  done  there?     A.  Yes. 

Q.  Give  the  Board  some  idea,  because  once  might  possibly  attract 
your  attention  ?  A.  No,  not  once  ;  once  would  not  have  attracted  my 
attention  particularly. 

Q.  Give  this  Board  the  best  opinion  you  can  as  to  the  extent  that 
that  place  was  used  during  that  time  for  drinking  purposes  ?  A. 
The  best  opinion  I  could  give  you  would  be  to  say,  several  times — a 
number  of  times  ;  a  sufficient  number  of  times  to  attract  my  atten- 
tion to  the  fact. 

Q.  On  one  day?  A.  On  every  day;  I  think  I  was  here  three  or 
four  days;   at  least  three  days. 

Q.  What  number  of  persons  would  you  see  go  in  there  at  a  time? 
A.  I  think  they  went  in  one  at  a  time ;  I  do  not  think  I  ever  saw 
more  than  that;  I  think  what  I  noticed  at  all  the  times  was  one 
person  entering  wath  the  Librarian,  with  Mr.  Wallis  ;  that  some  one 
person  would  enter  with  the  Librarian.  I  do  not  think  I  saw  two 
persons  go  in — or  three. 


9 

Q.  Through  the  door  of  his  private  office?     A.  Yes. 

Q.  And  when  they  entered,  what  did  they  do?  A.  When  they 
entered  there  was  some  receptacle  on  the  right  hand  side  of  the  door- 
way ;  what  it  is  I  do  not  know,  never  having  been  in  that  portion  of 
the  library.  I  saw  Mr.  Wallis  take  a  bottle  and  glass  ;  what  the 
bottle  contained  I  do  not  know. 

Q.  What  did  he  do  with  it?  A.  He  poured  some  liquid  from  the 
bottle  and  they  imbibed. 

Q.  You  say  that  was  done  to  an  extent  sufficient  to  attract  your 
attention?    A.  Yes;  it  did  attract  my  attention  at  that  time. 

Q.  And  that  was  kept  up  during  the  time  the  Convention  was  in 
session?     A.  You  mean  constantly?     I  do  not  know. 

Q.  As  you  have  explained  it?    A.  Yes;  a  number  of  times. 

Cross-examination. 

Mr.  Johnson — What  business  were  you  up  on — the  same  as  the 
balance  of  us?    A.  I  presume,  sir,  I  belonged  to  the  lobb3^ 

Q.  You  were  just  up  here  attending  the  Convention  and  taking  an 
interest  in  political  matters?    A.  Yes. 

Q.  Your  attention  was  attracted  to  this  just  the  same  as  it  might 
have  been  attracted  to  anything  else  that  occurred  around  the  State 
Capitol?  A.  Yes;  my  attention  would  have  been  attracted  by  any- 
thing that  interested  me  in  particular. 

Q.  You  did  not  pay  any  more  attention  to  this  than  anything 
else?  A.  Yes;  I  did  pay  more  attention  to  it  than  anything  else, 
because  many  things  I  did  not  pay  any  attention  to.  I  paid  enough 
attention  to  it  to  observe  it  and  to  remember  it. 

Q.  And  to  talk  about  it?    A.  No;  not  to  talk  about  it. 

Q.  You  never  have  spoken  about  it?  A.  I  presume  I  must  have 
been  indiscreet  enough  to  have  spoken  of  it  to  some  person  or  else  I 
w^ould  not  be  here. 

Q.  You  were  interested  in  the  result  of  the  Convention  ?  A.  Yes; 
very  much. 

Q.  You  were  not  here  in  the  building  all  the  time?  A.  Yes;  all 
the  time  from  morning  till  night. 

Q.  With  no  time  for  meals?    A.  When  I  could  get  them. 

Q.  Sacramento  is  a  poor  place  for  meals?     A.  I  lived  through  it. 

Q.  Do  you  know  whether  Mr.  Wallis  was  interested  in  that  Con- 
vention? A.  I  do  not;  I  do  not  think  I  could  swear  that  I  know  he 
was  interested  in  the  Convention.  He  probably  was  in  some  way — 
in  the  same  way  that  I  was  interested  in  it,  I  presume. 

Q.  You  had  a  candidate  that  you  wanted  to  see  nominated?  A. 
Several  of  them. 

Q.  Did  you  treat  anybody  that  you  were  talking  to  during  that 
time?    A.  I  expect  I  did,  sir. 

Q.  More  than  once  ?    A.  It  is  quite  possible. 

Q.  Several  times?    A.  I  expect  a  number  of  times. 

Q.  Enough  to  attract  the  attention  of  outsiders?  A.  I  do  not 
know.  It  ^vould  have  done  it  if  I  had  taken  them  into  the  State 
Library. 


10 

Q.  It  would  not  have  done  so  on  the  outside?  A.  No;  had  I 
noticed  it  anywhere  else  it  would  not  have  attracted  my  attention. 

Q.  Did  you  go  into  the  room  ?  A.  No ;  I  never  was  in  that  room 
in  my  life. 

Q.  Was  the  door  shut  any  of  the  time?  A.  Yes;  I  saw  people  go 
in  frequently  when  the  door  was  shut.  What  took  place  then  I  do 
not  pretend  to  say. 

Q.  Where  did  they  go  in  ;  from  the  hallway  or  the  library?  A.  I 
noticed  them  particularly  from  the  hallway.  I  was  located  in  the 
hallway  for  the  purpose  of  being  found  at  any  time  when  I  would 
be  wanted.  That  is  where  I  could  be  found,  and  it  was  understood 
that  I  could  be  found  there. 

Q.  You  were  there  for  that  purpose  ?    A.  Yes. 

Q.  You  came  up  here  to  attend  the  Convention  on  business  and 
not  purely  on  pleasure  ?     A.  Exactly. 

Q.  Your  point  of  observation  and  labor  was  in  the  hallway,  near 
the  hall  in  which  the  Convention  met?  A.  Yes;  where  I  could  be 
found  any  time. 

Q.  As  a  matter  of  fact,  do  you  not  know  that  you  and  Mr.  Wallis 
were  upon  opposing  sides  in  that  Convention?  A.  On  the  contrary 
I  do  not  know  it,  sir.     Which  Mr.  Wallis  do  you  refer  to? 

Q.  Talbot  H.  A.  I  do  not  know  it  emphatically.  I  understood 
to  the  contrary.  I  know  my  friend,  the  Judge  (J.  S.  Wallis),  and  I 
were  upon  opposite  sides  in  that  controversy,  but  I  do  not  know  that 
Talbot  and  I  were.     I  understood  exactly  the  contrary. 


Testimony  of  Hattie  R.  Kelsey. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — Where  do  you  reside?    Answer — In  San  Francisco. 

Q.  Have  you  ever  been  employed  in  the  State  Library  ?  A.  You 
cannot  really  call  it  employed.  Miss  Patton  was  away  and  I  took 
her  place  for  a  couple  of  weeks  as  her  friend. 

Q.  About  what  time  was  that?  A.  The  first  two  weeks  in  Febru- 
ary. 

Q.  Of  what  year?     A.  Eighteen  hundred  aiid  eighty-three. 

Q.  Had  you  been  in  the  library  before  that  time?  A.  Yes;  the 
first  week  in  January  I  spent,  I  think,  four  days  here  as  Miss  Patton's 
guest.  I  then  went  to  the  country  and  on  my  return  spent,  I  think, 
four  days  more  as  her  guest.  She  was  not  well  and  I  assisted  her 
slightly.  At  the  end  of  that  time  she  was  obliged  to  give  up  her 
duties  for  a  short  time  and  I  took  her  place  about  two  weeks. 

Q.  And  that  time  that  you  was  there  was  in  the  first  two  weeks  in 
February  of  this  year?  A.  Yes;  I  think  it  was  not  quite  two  weeks, 
but  nearly  that  time. 

Q.  You,  of  course,  know  Mr.  Wallis?  A.  Yes;  I  met  him  the  first 
week  in  January. 


11 

Drinking  and  Smoking  in  the  Library. 

Q.  When  you  first  came  there  as  the  guest  of  Miss  Patton,  did  you 
observe  that  considerable  quantities  of  liquor  were  consumed  in  the 
library  building? 

Objected  to  as  leading,  and  question  withdrawn. 

Q.  State,  Miss  Kelsey,  if,  during  the  time  when  you  were  first  there 
as  the  guest  of  Miss  Patten,  you  discovered  anything  in  reference  to 
the  use  of  liquor  in  any  portion  of  the  library?  A.  I  saw  nothing 
except  a  bottle  of  fluid  which  I  supposed  to  be  liquor,  and  I  saw  one 
or  two  of  the  State  officers  go  in  there  one  evening  and  help  them- 
selves. I  do  not  remember  of  Mr.  Wallis  drinking  at  that  time.  I 
know  it  did  not  attract  my  attention  particularly,  and  I  probably 
would  not  have  noticed  it  if  it  was  not  for  the  fact  of  one  of  the  State 
officers  drinking,  and  1  noticed  that  if  it  was  strong  whisky  he  must 
have  been  accustomed  to  it  to  drink  a  glass  full  down  with  so  perfect 
ease.     That  is  the  way  I  came  to  remember  it. 

Mr.  Edgerton — He  was  a  Democrat?  A.  No;  I  am  sorry  to  say 
he  was  not. 

Mr.  HoLL — What  portion  of  the  library  did  you  see  this  feat  of  the 
State  officer  performed  in?     A.  In  Mr.  Wallis'  private  office. 

Q.  What  is  that  office  used  for;  w4io  else  occupies  it  or  uses  it? 
A.  I  suppose  it  is  for  the  Librarian's  private  use.  However,  the 
deputies  have  free  access  to  it,  as  I  understood. 

Q.  How  was  it  used  when  you  were  there,  at  this  time  and  after- 
wards? A.  At  that  time  it  was  used  as  Mr.  Wallis' private  office ; 
the  Legislature  was  not  in  session. 

Q.  After  that,  when  you  come  there  again,  how  was  it  used  then, 
and  by  whom,  and  who  went  in  there?  A.  It  seemed  to  be  a  general 
place  of  resort. 

Q,.  I  mean  as  regards  other  persons  in  the  library,  and  ladies? 
A.  We  went  in  there  whenever  we  chose.  The  washbasin  was  there 
and  my  lunch  basket  was  there,  and  I  went  in  there  very  frequently. 

Q.  Where  were  your  hats  and  shawls?  A.  In  there,  on  the  hat- 
rack. 

Q.  And  your  lunch  basket?    A.  Yes. 

Q.  And  the  washstand  ?     A.  Yes. 

Q.  You  went  in  there  and  made  a  convenience  of  it  for  that  pur- 
pose?    A.  Yes. 

Q.  After  you  took  the  place  of  Miss  Patton  afterwards,  and  re- 
mained there  two  weeks,  during  that  time  what,  if  anything,  did 
you  see  by  the  way  of  the  use  of  liquor  in  the  library?  A.  The 
first  week  of  January  I  spoke  of? 

Q.  What  did  you  see  there  after  you  became  employed  ?  A.  Well, 
it  seemed  to  me  that  it  increased  during  the  two  weeks  I  was  there; 
it  seemed  to  be  a  general  place 

Mr.  Ball — State  what  it  was,  and  not  what  it  seemed  to  be?  A. 
It  seemed  a  great  many  came  in  there,  evidently  for  the  purpose  of 
drinking,  during  the  last  few  days  of  my  stay  there.  I  saw  from  one 
to  six  at  a  time  of  men  from  the  State  Legislature  when  Mr.  Wallis 
was  not  in  the  office,  even  come  through  the  main  entrance  and  go 


12 

into  bis  private  office,  and  if  I  ever  had  occasion  to  go  in  there  I 
saw  men  drinking,  and  I  rarely  went  in  there  without — well  I  will 
say  rarely  during  the  last  week — it  was  the  exception  to  go  into  that 
office  and  find  it  free;  there  were  men  in  there,  from  one  to  two,  and 
from  eight  to  ten,  drinking. 

Mr.  HoLL — From  one  to  ten  ?  A.  From  one  to  ten ;  frequently 
one,  and  frequently  two  and  upwards. 

Q.  How  frequently  would  men  go  in  there  during  the  day?  A. 
Very  frequently.  * 

Q.  Express  it  in  some  definite  way  as  near  as  you  can  ?  A.  I 
should  say  that  once  an  hour  during  the  session  of  the  Legislature 
would  hardly  express  it;  I  think  as  frequently  as  every  half  hour, 
and  sometimes  there  was  a  constant  string,  and  then  again  not  quite  so 
many;  it  seems  to  me  it  is  not  over-estimating  it  to  say  there  was  an 
average  in  every  half  hour  of  from  one  to  twelve  men,  and  perhaps 
from  one  to  twenty,  that  would  go  in  there. 

Q.  Which  way  would  they  generally  go  into  that  place?  A.  I 
saw  a  great  many  come  in  tlirough  the  main  entrance,  and  I  fre- 
quently had  occasion  to  go  in  there  when  I  saw  men  there  that  had 
not  come  in  through  the  main  entrance ;  they  must  have  come  in 
through  the  private  way. 

Q.  When  they  were  in  there  what  did  they  do  in  the  way  of  dis- 
posing of  any  liquids  ?     A.  I'hey  drank  it. 

Q.  Was  there  any  tobacco  in  there?     A.  There  was  smoking,  yes. 

Q.  In  what  condition  would  you  find  the  room  as  regards  tobacco 
smoke  ?    A.  A  great  deal  of  it,  usually. 

Q.  How  was  the  liquor  taken  in.  there  ;  in  what  packages,  and  in 
what  way?  A.  I  do  not  know  ;  with  one  exception  I  never  saw  any 
liquor  taken  in  there ;  I  saw  Mr.  Brown  one  day  carry  a  large  demi- 
john, which  must  have  contained  three  or  four  gallons,  through  the 
door.  I  noticed  it  because  it  was  very  heavy  for  him  to  carry,  and  I 
thought  they  were  carrying  it  in  there  by  the  wholesale. 

Q.  Who  is  Mr.  Brown?  A.  I  do  not  know  whether  he  is  watch- 
man or  janitor.     He  is  stationed  near  the  door  of  the  library. 

Q.  He  is  some  officer  that  belongs  to  the  library?  A.  I  do  not 
know  whether  he  belongs  to  the  library.  He  is  usually  around 
there. 

Q.  He  is  somebody  employed  in  the  building?    A.  Yes. 

Q.  He  is  the  person  who  brought  in  that  large  demijohn  through 
the  main  entrance?    A.  Yes. 

Q.  Where  did  he  take  it  to?    A.  Into  the  private  office. 

Q.  Into  this  place  or  this  room  where  you  saw  the  gentlemen  enter 
frequently?     A.  Yes. 

Q.  What  packages  did  you  see  in  that  room  that  are  used  for  con- 
veying liquids?  A.  I  saw  a  small  demijohn.  I  would  not  testify 
positively  whether  it  held  a  gallon  or  two  gallons.  I  am  not  very 
good  at  dimensions,  but  my  impression  is  it  was  about  a  two-gallon 
demijohn.  I  do  not  know  whether  it  was  kept  there  always,  but  I 
noticed  it  in  front  of  a  cupboard  or  kind  of  bookcase  in  which  the 
bottle  was  kept  from  which  the  whisky  was  turned  into  the  glass. 


13 

Q.  How  many  of  these  demijohns  did  you  sec?  A.  I  remember 
of  but  two;  the  hirger  demijohn  was  kept  in  the  vault. 

Q.  How  many  did  you  notice?     A.  Two. 

Q.  What  would  you  judge  tiie  size  of  them  to  be?  A.  The  larger 
one  must  have  contained  at  least  tliree  gallons,  and  my  impression 
is  four. 

Q.  And  the  smaller  one?  A.  I  should  think  the  smaller  one,  as  I 
remember  it,  must  have  contained  two  gallons. 

Q.  Do  you  know  anything  except  the  one  time  when  this  demi- 
john was  carried  throu^rh  the  main  entrance — as  to  those  demijohns 
being  taken  out?     A.  No. 

Q.  Or  brought  in  there?    A.  No. 

Q.  That  is  the  only  time  you  saw  it  brought  there?  A.  Yes;  that 
is  the  only  time  that  I  saw  it  brought  there. 

Q.  How  did  this  drinking  in  this  room  continue;  when  you 
first  went  there  what  was  the  condition  of  it — I  mean  when  you 
went  there  to  stay  the  two  weeks — what  were  the  facts  in  regard  to  it 
then  and  when  you  left?  A.  When  I  went  there  it  was  a  matter  of 
frequent  occurrence  that  when  I  went  into  the  room  that  end  of  it 
where  I  wanted  to  go,  where  the  washbasin  was,  I  found  crowded 
and  almost  impassable. 

Q.  Did  you  find  it  in  such  a  condition  that  you  could  not  get  to 
the  washstand,  or  was  prevented  from  going  there?  A.  The  gentle- 
men very  kindly  made  way  for  me  when  they  saw  where  I  wanted 
to  go. 

Q.  Did  it  continue  so  from  the  first?  A.  It  increased  very  much. 
The  last  week  I  was  there  it  was  very  much  more  frequent  than  the 
first  week. 

Q.  Did  you  see  this  more  or  less  every  day  during  the  two  weeks 
you  were  there?     A.  Yes;  every  day. 

Deportment  of  Librarian. 

Q.  You  became  acquainted  with  Mr.  Wallis  during  the  time  you 
stayed  in  the  library?    A.  Yes. 

Q.  You  talked  with  him  frequently  ?     A..  Yes. 

Q.  What,  so  far  as  your  observation  and  knowledge  goes,  was  his 
deportment  in  the  library  in  reference  to  talking  and  his  conduct 
when  visitors  came  in,  and  in  a  general  way,  as  far  as  you  observed, 
how  did  he  conduct  himself?  A.  Well,  with  a  great  lack  of  dignity 
of  character. 

Q.  Explain  as  near  as  you  can  in  your  own  way  what  you  mean 
by  that  and  what  impressions  were  made  upon  your  mind  by  his 
conduct?  A.  In  the  first  place,  loud  and  noisy  talking  and  rude 
manners. 

Q.  Explain  to  the  Board  what  you  mean  by  rude  manners.  What 
was  his  conduct?  A.  Well,fl  think  that  an  acquaintance  with  Mr. 
Wallis  is  necessary  to  understand  exactly  what  I  do  mean.  Mr. 
Wallis  is  not  intentionally  rude.  For  instance,  if  you  wish  an 
example,  when  I  was  talking  with  parties  in  the  library  I  was  fre- 
quently interrupted  by  him  in  a  way  to  attract  attention  to  himself. 


14 

I  do  not  know,  of  course,  his  motive  for  doing  that,  but  I  would  be 
at  my  desk  attending  to  my  duties  and  talking  to  persons  and  he 
would  come  up  and  interrupt  the  conversation  and  try  to  attract 
attention  to  himself.  It  was  commented  on  frequently  by  visitors 
to  the  library,  so  that  it  was  not  noticeable  to  myself  alone.  It  was 
annoying,  but  I  looked  upon  it  as  through  ignorance  on  his  part  and 
the  lack  of  good  breeding. 

Q.  In  what  manner  was  that  matter  brought  to  your  attention  by 
visitors?  A.  They  expressed  surprise  that  such  a  man  should  be  in 
such  a  position. 

Q.  Did  that  occur  more  than  once?  A.  Very  frequently ;  I  recol- 
lect three  times  when  it  occurred.  My  impression  is  that  it  occurred 
more  frequently,  but  I  can  recollect  three  instances. 

Q.  Relate  some  of  the  instances  and  state  what  the  circumstances 
were?  A.  Well,  I  was  talking  with  two  ladies  and  a  gentleman  one 
day ;  I  think  that  they  were  visiting  the  Legislature ;  they  were 
friends  of  one  of  the  Senators,  I  do  not  know  whom.  I  did  not  know 
the  parties,  but  they  were  asking  me  questions  in  regard  to  the 
library,  and  I  was  explaining  that  I  was  a  stranger  here;  and  then 
Mr.  Wallis  saw  them,  and  perhaps  thought  that  I  would  not  be  able 
to  inform  them  as  he  would  like  to  have  them  informed,  and  he,  in 
the  rudest  manner,  interrupted  my  conversation  with  them,  and 
spoke  in  very  commonplace  phrases  about  the  library,  and  in  a  man- 
ner that  made  me  very  much  ashamed  to  be  in  the  position.  That 
expresses  my  idea.  I  explained  to  them  that  I  was  there  tempo- 
rarily. 

Q.  You  spoke  about  his  boisterous  conduct 

Mr.  Johnson — She  has  not  said  any  such  thing. 

Mr.  HoLL — You  spoke  about  loud  and  noisy  talk?    A.   Yes. 

Q.  State  to  the  Board  what  you  know  about  that  and  to  what 
extent  it  occurred?  A.  When  anyone  was  around  I  never  heard 
Mr.  Wallis  speak  in  any  other  way  than  noisy.  When  he  was  talk- 
ing to  me  individually  he  was  ordinarily  quiet  in  his  conversation  ; 
I  have  heard  him  talk  with  others  in  the  same  manner,  but  if  people 
were  around  he  was  noisy. 

Q.  Can  you  explain  that  a  little  more  particularly  as  to  why  j^our 
attention  was  attracted  to  his  noisy  conduct  and  the  manner  in 
which  he  addressed  people;  can  you  give  any  more  definite  idea  as 
to  what  you  mean  b}' saying  that  he  was  noisy?  A.  That  he  spoke 
rudely  and  in  a  manner  uncalled  for.  He  had  no  idea  of  the  proper 
thing  to  say  at  the  proper  time.  He  did  not  know  when  to  keep  still 
and  when  to  talk,  and  he  said  very  inopportune  things  for  a  person 
in  that  position. 

Q.  So  much  so  that  persons  of  culture  would  notice  the  deficiency 
in  his  education? 

Mr.  Johnson  objected  to  the  question,  as  being  leading,  irrelevant, 
and  immaterial,  and  the  objection  was  .^stained. 

Mr.  HoLL — State  now,  in  those  conversations,  whether  he  used 
language  that  was  correct  and  proper  and  such  as  cultivated  persons 
use — such  as  educated  persons  use  ? 

Same  objection  and  ruling. 


15 

Mr.  Freeman — The  objection  is  sustained,  on  the  ground  that  the 
question  is  leading,  and  because  it  asks  the  witness  to  act  as  the 
judge  and  not  to  detail  what  occurred. 

Mr.  HoLL — Did  he  speak  at  those  times  the  English  language  cor- 
rectly?   A.  Not  according  to  my  understanding. 

Mr.  Johnson  moved  to  strike  out  the  answer,  on  the  ground  that 
the  question  was  immaterial,  irrelevant,  and  leading,  and  that  it 
called  for  the  opinion  of  the  witness;  the  proper  method  being  to 
ask  the  witness  to  tell  what  Mr.  Wallis  said,  and  the  Board  can  then 
judge. 

The  motion  to  strike  out  was  granted. 

Incompetency  of  Librarian. 

Mr.  HoLL — Did  you  learn  from  your  observations  and  your  con- 
versations with  Mr.  Wallis  whether  he  was  acquainted  with  the 
librar}'  and  the  books  thai  were  contained  in  the  library  upon  dif- 
ferent subjects?    A.  Well,  I  have  my  general  impression 

Mr.  Ball — Do  not  give  your  impressions.  A.  The  fact  is  that  he 
was  not. 

Mr.  HoLL — Explain  that.  If  you  know  of  any  instance  where  his 
ignorance  was  displayed  to  you  in  that  respect,  state  the  circum- 
stance? A.  I  will  state.  I  recollect  but  two  instances  that  I  can 
testify  about.  On  one  occasion  I  asked  him  in  regard  to — I  am  not 
positive  whether  this  was  after  I  had  taken  Miss  Patton's  place  or 
whether  it  was  while  I  was  her  guest.  I  asked  him  if  Professor 
Agassiz'  "  Lecture  on  the  Geological  Formation  of  the  A^alley  of  the 
Amazon"  was  in  the  library.  He  did  not  seem  to  know  anything 
about  it,  and  referred  me  to  Mr.  Gunn.  I  went  to  Mr.  Gunn,  and  he 
went  with  me  and  showed  me  where  Professor  Agassiz'  writings 
were,  and  we  looked  through  several  ^»olumes  and  did  not  succeed 
in  finding  it. 

Q.  At  that  time  did  you  apply  to  Mr.  Wallis  for  the  information  ? 
A.  Yes. 

Q.  And  he  referred  you  to  Mr.  Gunn  ?    A.  Yes. 

Q.  Did  he  say  whether  he  knew  or  did  not  know  whether  such  a 
work  was  in  the  library?    A.  He  said  he  did  not  know. 

Q.  And  he  referred  you  to  Mr.  Gunn  for  the  information  ?  A. 
Yes. 

Q.  What  other  instance?  A.  The  other  instance  was  one  day 
when  I  was  in  Miss  Patton's  place.  We  were  very  much  crowded. 
It  happened  to  be  a  very  busy  day,  and  I  was  busy  checking  off 
books  and  giving  out  books.  A  couple  of  girls  came  in  there,  or 
young  ladies — I  think  the  oldest  was  about  sixteen  years  of  age — and 
they  asked  for  some  history  of  ancient  religions,  and  I  mentioned 
James  Freeman  Clarke's  "  Ten  Great  Religions,"  and  asked  if  her 
mother  had  ever  read  it.  She  said  she  did  not  want  anything  heavy. 
I  went  immediately  to  Mr.  Wallis  and  asked  if  they  had  something 
bearing  on  that  subject  which  was  lighter  reading  but  of  the  same 
character  as  James  Freeman  Clarke's  "  Ten  Great  Religions."  He 
did  not  know  anything  about  it,  and  told  me  to  go  to  Mr.  Gunn.     I 


16 

went  to  Mr.  Gunn,  and  I  think  Mr.  Gunn  told  me  where  to  look. 
He  suggested  something,  and  I  went  to  the  alcove  where  those  books 
were  kept  and  found  a  book  that  I  thought  would  answer  the  pur- 
pose. I  do  not  recollect  now  just  what  it  was.  I  looked  at  it  cas- 
ually. 

Q.  Did  you  ever  apply  to  him  for  any  works  on  any  particular 
subjects,  in  the  library,  when  he  would  himself  furnish  them  to 
you?  A.  Yes;  one  work  I  recollect,  because  it  was  not  in  the 
library  and  he  knew  where  it  was,  and  he  got  it  for  me.  It  was  out- 
side and  he  brought  it  to  me.     He  knew  who  had  it. 

Correspondence  of  the  Library. 

Q.  What  do  you  know  as  to  who  conducts  the  correspondence  at 
the  State  Library?  A.  I  know  while  I  was  there  Mr.  Gunn  con- 
ducted the  greater  part. 

Q.  How  do  you  know  it?  A.  I  know  it  because  I  heard  in  two 
instances  Mr.  Wallis  refer  letters  to  him.  I  do  not  recollect  any 
positive  statement  that  Mr.  Gunn  made  to  me  in  regard  to  it,  but  I 
remember  that  I  said  to  Mr.  Gunn 

Q.  From  your  own  observation,  just  state  what  you  know  as  to 
whether  or  not  Mr.  Gunn  conducts  the  correspondence  of  the  library? 

Mr.  Johnson  objected,  because  the  witness  had  already  answered 
the  question. 

The  Chairman  sustained  the  objection,  but  his  ruling  was  reversed 
by  the  Board. 

A.  My  observation  has  been  that  Mr.  Gunn  did  conduct  the  cor- 
respondence of  the  library. 

Q.  Have  you  had  any  conversations  with  Mr.  Wallis  in  reference 
to  the  matter,  or  have  you  seen  any  of  his  coijduct  in  reference  to 
the  correspondence  from  whi6h  you  know  any  further  fact  in  regard 
to  it?  A.  I  saw  Mr.  Gunn  writing  the  letters,  and  I  heard  Mr.  Wal- 
lis tell  Mr.  Gunn  to  do  it. 

Untruthfulness  of  Librarian. 

Q.  Miss  Kelsey,  during  your  stay  in  the  library,  in  your  conver- 
sations with  Mr.  Wallis  did  you  learn  anything  about  whether  he  is 
a  man  that  can  be  relied  upon  as  truthful? 

Objected  to  and  question  withdrawn. 

Q.  What  did  you  learn  in  reference  to  his  being  a  man  that  is 
truthful,  if  anything? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  improper,  and 
leading,  and  as  calling  for  the  opinion  of  the  witness,  and  as  being 
hearsay  testimony,  and  incompetent. 

The  objection  was  sustained. 

Mr.  HoLL — Do  you  know  any  facts  to  show  that  Mr.  Wallis — or 
showing — that  Mr.  Wallis  is  untruthful?    A.  Yes;  I  do. 

Q.  Go  on  and  state?  A.  I  recollect  one  instance.  I  remember  it 
because  it  struck  me  as  exceedingly  funny.  Mr.  Wallis  came  in  one 
morning,  looking  very  pale  and  tired.     I  said  "  What  is  the  matter, 


17 

Mr.  Wallis?  Are  you  sick  this  morning?"  No,  lie  said,  lie  was 
not  sick,  but  he  said  that  he  had  been  sitting  up  until  three  o'clock 
the  niglit  before,  writing  or  working.  I  asked  him  what  he  had  been 
doing,  and  he  said  he  had  been  getting  resolutions  ready  asking  for 
an  appropriation,  1  think — at  any  rate  it  was  a  paper  asking  for  an 
appropriation  from  the  Legislature  for  the  State  Library.  I  said 
"  Yes?  "  He  said  "  Yes;  "  and  he  said  he  could  not  get  time  to  do  it 
in  the  daytime.  The  day  before  I  had  seen  Mr.  Gunn  at  work  at 
that  paper,  and  I  knew  that  Mr.  Gunn  had  drawn  it  up,  and  I  heard 
Mr.  Wallis  say  the  afternoon  before  that  the  paper  was  all  right.  I 
had  seen  the  paper  on  Mr.  Gunn's  desk  in  his  own  handwriting,  and 
I  knew  that  he  wrote  it.  I  think  it  but  justice  to  state  right  here 
that  although  that  is  my  opinion,  Mr.  Chairman,  I  do  not  think 
"untruthful"  expresses  my  idea  of  Mr.  Wallis'  mental  incapacity 
to  speak  the  truth — simply  covers  it.  He  is  not  conscious  of  falsify- 
ing half  as  much  as  he  does.  He  forgets  from  one  minute  to  another 
what  he  says,  and  in  that  way  he  is  totally  unreliable. 

Q.  Did  that  condition  of  Mr.  Wallis'  mind  influence  you  any  as 
an  assistant  in  the  library,  and  if  so,  to  what  extent?  A.  I  did  not 
pay  any  attention  to  what  he  said  after  I  had  been  there  a  few  days, 
unless  it  was  something  that  struck  me  as  funny. 

Q.  Why  did  you  not?  A.  Because  I  found  that  you  would  hear 
altogether  too  much  that  did  not  amount  to  anything,  and  that  I 
could  not  credit  it;  I  did  not  believe  it  at  the  time  that  he  said  it. 

Q.  Wliat,  if  anything,  did  he  ever  state  to  you  about  his  influence 
or  control  over  the  Trustees,  that  they  had  to  retain  him  in  that 
position? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  not  bearing  on 
any  of  the  issues  in  this  case,  and  not  covered  by  any  of  the  charges 
or  specifications. 

The  objection  was  overruled. 

A.  I  shall  have  to  digress  a  little  here,  it  seems  to  me,  in  order  to 
make  myself  plainly  understood. 

Mr.  HoLL — Answer  as  directly  as  you  can?  A.  I  did  hear  him 
make  a  statement  in  regard  to  his  power  to  control  members  of  the 
Board. 

Q.  State  in  relation  to  that  and  give  the  time?  A.  It  was  when  I 
was  taking  Miss  Patton's  place  It  was  in  regard  to  Mr.  Freeman, 
and  it  is  only  justice  to  young  Mr.  Freeman  to  state  the  way  that  it 
came  about.  When  I  entered  the  library  as  assistant  to  Miss  Patton, 
or  to  take  her  place,  I  had  been  there  but  two  or  three  days  before 
Mr.  Wallis  commenced  to  relate  different  troubles  and  trials  that  he 
had  in  his  pqsition  with  his  deputies.  He  told  me  a  great  deal  of 
the  trouble  he  had  had  with  Mr.  Gunn,  which  he  had  straightened 
up;  he  told  me  about  the  trouble  he  had  had  with  Miss  Patton, 
which  he  had  also  straightened  up;  and  at  that  time  he  was  having 
some  trouble  with  young  Mr.  Freeman.  I  have  forgotten  the  cause 
of  the  trouble;  I  do  not  know  that  Mr.  Wallis  gave  me  the  reason— 
if  he  did  I  did  not  pay  any  attention  to  it.  At  any  rate,  Mr.  Free- 
man's duties  were  neglected.     He  was  Janitor,  as  I  understood  it, 

3 


18 

and  the  washbasin  was  in  a  filthy  condition  and  the  hearth  in  the 
private  office,  and  after  standing  it  a  few  days  I  scrubbed  it  up.  I  got 
provoked  about  it,  and  I  said  to  Mr.  Wallis  that  I  should  see  that 
Mr.  Freeman  attended  to  his  duty.  He  said  "yes,"  he  would  see  in 
regard  to  Mr.  Freeman,  and  to  just  let  him  alone;  he  would  go  after 
his  uncle  in  a  day  or  two,  and  then  he  guessed  he  would  come  around 
all  right.  He  said  that  two  or  three  times.  I  said,  "Well,  you  had 
better  look  out — Mr.  Freeman's  uncle  is  one  of  the  Trustees."  He 
said,  "You  need  not  be  alarmed  about  it — I  have  a  string  that  I  can 
pull  on  Mr.  Freeman  every  time."  Two  or  three  days  after  that  he 
came  to  me,  and  he  patted  me  on  the  shoulder,  and  he  said,  "Don't 
you  worry  about  Frank  Freeman  not  doing  any  work — I  am  going 
to  see  his  uncle;  don't  you  worry  about  me — I  know  my  man  there; 
I  have  a  string  that  I  can  pull  on  him  any  time."  It  struck  me  as 
incongruous.  I  had  met  Mr.  Freeman,  and  I  knew  Mr.  Wallis,  and 
I  did  not  believe  it.     That  is  all. 

Mr.  Johnson — Did  he  show  you  the  string?  A.  No;  I  did  not  ask 
him  what  it  was.    He  simply  made  that  statement  two  or  three  times. 

Mr.  HoLL — Have  you  had  any  conversations  with  Mr.  Gunn  in 
reference  to  why  he  conducts  the  correspondence  of  the  library? 

Objected  to,  and  question  withdrawn. 

Q.  Have  you  had  conversations  and  talk  with  people  who  came 
there  to  the  library,  and  who  were  conducted  through  the  library, 
and  who  came  in  contact  with  Mr.  Wallis,  who  expressed  opinions 
with  reference  to  his  efficiency  as  a  Librarian? 

Mr.  Johnson  objected  to  the  testimony,  as  being  hearsay,  and  the 
objection  was  sustained. 

Mr.  HoLL — From  your  observation,  and  from  your  knowledge  and 
conversation  with  Mr.  Wallis  during  the  two  weeks  that  you  stopped 
there,  is  he  in  your  opinion  a  fit  and  proper  person  to  conduct  the 
State  Library  of  this  State? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent,  not 
responsive  to  any  issue  in  this  case,  and  that  it  is  a  question  for  the 
Board  to  determine.  If  it  is  offered  as.  expert  testimony  the  witness 
is  not  shown  to  be  an  expert. 

The  objection  was  sustained. 

Cross-examination —  Untruthfulness  of  Librarian. 

Mr.  HiNKSON — Miss  Kelsey,  when  was  it  that  you  spoke  of  Mr. 
Wallis  stating  to  you  that  he  had  been  all  night  engaged  in  writing 
a  bill  or  report?     A.  It  was  in  the  morning. 

Q.  How  long  since?  A.  It  was  in  February. 

Q.  Last  February  ?     A.  Yes. 

Q.  During  the  session  of  the  Legislature?    A.  Yes. 

Q.  You  say  tiuit  it  was  a  bill  that  he  was  preparing  to  introduce 
into  the  Legislature,  with  reference  to  an  appropriation?  A.  Yes; 
ijsking  for  an  appropriation  from  the  Legislature  of  a  thousand  dol- 
lars for  the  library. 

Q.  That  is  one  of  the  instances  you  give  for  believing  that  he  is 
not  truthful?     A.  Yes. 


19 

Q.  And  the  reason  j'ou  say  that  you  think  that  he  is  not  truthful 
is  because  he  said  to  you  that  he  was  engaged  most  of  the  night  pre- 
paring a  bill?     A.  Yes. 

Q.  And  that  you  knew  that  the  bill  had  been  written  the  day 
before  by  Mr.  Gunn?     A.  Yes. 

Q.  How  do  you  know  that  he  was  not  engaged  in  revising  that  bill 
and  correcting  it  during  the  night,  during  the  greater  portion  of  that 
night?     A.  I  do  not  think  Mr.  Wallis  could  have  revised  it. 

Q.  It  is  simply  your  opinion  that  he  was  not  engaged  during  that 
night  preparing  this  bill,  is  it?     A.  Technically  considered,  yes. 

Q.  That  is  a  fact,  that  it  is  simply  your  opinion.  You  do  not 
know  positively  that  he  was  not  engaged  during  the  greater  portion 
of  that  night  with  that  work?     A.  I  know  it  in  my  own  mind. 

Q.  That  is  the  only  way  you  know  it.  As  a  physical  fact  you  do 
not  know  it?  A.  As  a  physical  fact  I  did  not  stay  in  the  library 
until  three  o'clock  in  the  morning  and  see  him  there. 

Q.  Do  you  know  anything  about  the  amount  of  work  that  is 
required  to  prepare  a  small  bill  sometimes?  A.  Yes;  and  that  is  the 
reason  I  think  Mr.  Wallis  did  not  do  it. 

Q.  You  know  nothing  about  the  fact,  however  ?     A.  No. 

Q.  A  man  of  Mr.  Wallis'  stupidity — it  would  take  him  a  long  time 
to  prepare  a  bill  of  that  kind  ?     A.  Yes,  if  he  did  it  at  all. 

Q.  Do  not  you  think  that  he  might  be  engaged  the  whole  night  on 
a  bill  of  that  kind,  and  not  get  it  right  then?  A.  Yes,  I  think  he 
might. 

Q.  Then  might  not  his  statement  have  been  truthful?  A.  It  was 
because  I  had  heard  his  statement  the  afternoon  before  in  relation 
to  the  bill,  or  whatever  it  was. 

Q.  How  do  you  know  it  was  the  same  bill?  A.  I  could  not  swear; 
jt  might  not  have  been  in  Mr.  Gunn's  handwriting.  I  simply  know 
that  Mr.  Gunn  handed  it  to  Mr.  Wallis,  and  Mr.  Wallis  said  that  it 
was  all  right. 

Q.  Do  you  know  what  the  instrument  was?  A.  Yes;  I  saw  him 
take  it  from  the  desk. 

Q.  What  was  it?  A.  It  was  a  paper,  a  resolution — I  do  not  know 
what  you  would  call  it — asking  for  an  appropriation. 

Q.  Did  you  read  it?  A.  I  read  part  of  it,  a  portion  of  it.  I  saw 
simply  what  it  was  when  it  was  on  Mr.  Gunn's  desk. 

Q.  Do  you  remember  what  the  title  of  the  bill  w^as  ?  A.  I  do  not 
remember  how  it  was  headed,  no.  I  did  not  pay  enough  attention  to 
it.     I  simply  read  enough  of  it  to  know  that  was  what  it  was. 

Q.  You  did  not  read  enough  to  know  what  it  was?  A.  I  simply 
read  enough  to  know  that  that  was  what  it  was. 

Q.  You  do  not  know  whether  he  was  engaged  in  revising  or  trying 
to  change  that  bill  during  that  night?    A.  I  did  not  see  him,  no. 

Q.  Then,  so  far  as  physical  facts  are  concerned,  you  might  be  mis- 
taken as  to  his  misrepresenting  that  matter  to  you  ?  A.  I  did  not  sit 
in  the  library  until  three  o'clock. 

The  reporter  read  the  question. 

A.  So  far  as  physical  facts  are  concerned,  yes. 

Q.  What  time  was  it  that  you  left  the  library,  when  you  were 


20 

there  acting  for  Miss  Patton?  A.  I  left  the  Tuesday  before  the 
twenty-second  of  February.  I  remember  that,  because  I  was  in  San 
Francisco  on  Washington's  Birthday. 

Q.  Did  you  see  Mr.  Wallis  at  the  time  of  your  departure  from  the 
library?  A.  I  left  in  the  morning;  I  left  on  the  morning  train.  I 
did  not  see  Mr.  Wallis  that  morning;  I  saw  him  the  evening  before. 

Q.  Did  Mr.  Wallis  compensate  you  for  your  services  at  that  time? 
A.  No. 

Q.  Did  you  ask  him  for  any  compensation?     A.  No. 

Q.  Did  you  ask  him  for  any  appropriation  or  any  payment?  A. 
No.  Mr.  Wallis  stated  to  me  that  he  was  very  sorry.  I  received  a 
letter  from  a  friend  in  San  Francisco  asking  me  to  come  there  to 
look  after  a  business  matter,  and  Miss  Patton  was  hardly  able  to  take 
her  place  in  the  library.  I  said  to  Mr.  Wallis  that  I  had  received  a 
business  letter,  and  that  I  would  have  to  go,  as  it  was  business,  and  I 
could  not  afford  to  give  my  time  longer,  or  something  like  that.  I 
do  not  know  just  how  I  expressed  it.  And  then  he  went  on  to  say 
how  sorry  he  was  that  he  could  not  do  something  for  me,  that  he 
would  like  very  much  to  pay  me,  and  that  I  ought  to  have  it,  and 
ought  to  have  an  appropriation.  I  said  I  did  not  ask  anything  for 
what  I  had  done,  but  if  I  continued  to  staj^  I  should  feel  that  I  must 
be  paid  in  some  way.  He  said  that  he  could  not  do  anything  until 
Mr.  Owen  came  up.  I  knew  Mr.  Owen  very  slightly,  and  Mr.  Wallis 
said  that  he  was  going  to  speak  to  him,  and  I  think  he  did  speak  ta 
him.  At  any  rate,  Mr.  Owen  spoke  to  me  in  regard  to  it,  and  said 
the}'  were  sorry,  and  thanked  me  verj'  kindly  for  what  I  had  done^ 
but  I  could  not  receive  any  compensation  without  special  legislation, 
I  think  he  said,  or  an  appropriation,  and  that  he  did  not  like  to 
bring  that  up.  It  was  all  right  with  me;  I  did  it  as  an  accommoda- 
tion to  Miss  Patton. 

Q.  Did  not  you  ask  Mr.  Wallis  to  see  the  Board,  and  see  if  they 
would  not  make  an  appropriation  for  you  ?  A,  No,  I  could  not^ 
because  it  did  not  occur  to  me;  I  was  out  on  a  vacation  or  rest 
from  work  at  the  time. 

Q.  It  might  have  occurred  to  j'ou  while  you  were  there  at  work? 
A.  It  did  not ;  I  never  thought  of  asking  for  pay  ;  I  simply  did  it  as 
a  courtesj'  to  Miss  Patton,  who  is  a  friend  of  mine,  until  I  received 
this  letter,  and  then  I  stated  explicitly  that  if  I  remained  I  must  be 
compensated;  I  talked  that  matter  over  freely  with  Mr.  Gunn  ;  I 
talked  that  matter  over  freely  with  Mr.  Gunn  about  being  rewarded  ; 
I  think  he  can  substantiate  my  testimony. 

Q.  You  claim  to  be  a  lady  of  culture,  do  you  not?  A.  No, I  claim 
nothing. 

Q.  Your  associates  are  people  of  culture,  are  they  not,  as  a  rule  ? 
A.  According  to  my  ideas  of  culture. 

Q.  It  is  offensive  to  you  to  be  associated  with  people  who  are  ignorant 
or  uncultivated  or  uneducated,  is  it  not?  A.  In  one  way  it  is,  and  in 
another  it  is  not,  if  they  observe  the  ordinary  rules  of  etiquette,  and 
are  not  to  blame  for  what  they  do. 

Q.  I  mean  as  companions;  it  is  not  agreeable  to  you  to  have  uned- 


21 

ucated  i)eoi)le  as  companions?     A.  1  have  never  been  associated  with 
them  as  companions,  as  I  know  of,  for  a  <>reat  length  of  time. 

Q.  Did  you  ever  associate  with  Mr.  Wallis  (hiring  the  time  you 
were  liere?     A.  I  had  frequent  conversations  with  him. 

Q.  Is  that  the  extent  of  your  associations  with  him  ;  your  conver- 
sations in  tlie  library?  A.  Yes,  I  think  so;  I  think  he  walked 
liome  with  me  two  or  three  times,  and  we  talked  on  the  way. 

Q.  Did  he  ever  accompany  you  anywhere  else,  except  to  your 
home?  A.  I  never  went  out  with  him  anywhere,  not  to  spend  an 
evening. 

Q.  Did  you  ever  go  anywhere  with  him  elsewhere?  A.  No,  I  think 
not.  He  claimed  that  I  had  promised  to  go  to  the  theater  with  him 
one  night,  but  I  have  forgotten  it. 

Q.  Do  you  not  remember  asking  him  to  go  to  a  spiritualistic  meet- 
ing ?  A.  That  was  in  San  Francisco;  he  was  anxious  to  see — yes,  I 
remember — I  know  where  the  people  live,  but  I  do  not  know  their 
names;  yes,  I  do;  it  was  Mr.  King.  Mr.  Wallis  was  telling  me  of 
the  wonderful  things  that  Mr.  King  did  as  a  medium  ;  I,  perhaps, 
ought  not  to  mention  the  name  ;  he  said  that  it  was  so  wonderful.  I 
had  during  last  Fall  in  San  Francisco  seen  something  rather  phe- 
nomenal in  that  respect,  and  I  was  investigatinij;,  the  subject,  and  I 
thought  if  there  was  anything  that  was  so  wonderful  as  Mr.  Wallis 
represented  here  in  Sacramento,  I  would  like  to  see  it,  and  I  said 
while  he  was  telling  me  of  it,  that  I  would  like  if  he  would  take  me 
there  some  night;  I  would  like  to  see  him,  if  he  could  do  those 
things. 

Q.  Did  not  you  invite  Mr.  Wallis  to  come  to  San  Francisco  for  the 
purpose  of  accompanying  you  to  a  spiritualistic  meeting  of  some 
kind  ?  A.  No;  I  never  invited  him  to  accompany  me  to  a  spiritual- 
istic meeting  there. 

Q.  Are  you  positive  of  that?  A.  Yes;  he  told  me  about  his  being 
a  medium  of  some  power. 

Q..  Did  not  you  invite  him  to  go  with  you  to  see  a  medium?  A. 
No;  I  am  positive  on  that  point. 

Q.  When  you  left  the  library  after  you  had  concluded  your  labors 
here,  did  you  not  bid  Mr.  Wallis  good-by?  A.  I  bade  him  good- 
by  in  the  evening,  and  I  left  in  the  morning. 

Q.  You  gave  him  your  address,  your  residence?  A.  During  my 
stay  here  I  was  placed  in  a  rather  peculiar  position.  Mr.  Wallis  I 
considered  as  very  untruthful,  and  I  felt  sorry  for  him  because  he 
did  not  know  any  better,  and  at  times  I  used  to  have  a  perfect  con- 
tempt for  him.  There  is  no  other  word  that  will  express  it— perfect 
contempt  for  him — and  then  I  used  to  be  sorry  for  him. 

Q.  Your  feelings  changed  towards  him?  A.  They  varied  as 
towards  a  child.  I  have  been  a  teacher.  As  to  inviting  him  to  call 
on  me,  and  giving  him  my  address,  I  could  not  give  him  my  address 
for  I  did  not  know  where  I  would  be.  When  I  went  to  San  Fran- 
cisco I  was  to  be  for  a  time  with  friends.  I  gave  him  my  friend's 
number,  but  I  said  they  were  friends  and  I  did  not  know  where  I 
would  be,  and  I  remember  that  he  said  he  would  like  to  call  on  me, 
and  I  presume  I  said,  "Well,  come  round  and  see  me,"  or  something 


22 

of  that  kind,  but  as  for  giving  him  my  address  I  could  not  give  it 
because  I  did  not  know  where  I  would  be  for  two  or  three  days.  I 
told  Mr.  Gunn  that  I  would  send  him  my  address. 

Q.  When  you  went  to  San  Francisco  did  you  not  express  to  Mr. 
Wall  is  your  gratitude  for  his  courtesy  and  kindness  to  you,  and  did 
you  not  invite  him  to  call  and  see  you  in  San  Francisco?  A.  I  am 
positive  that  I  did  not  extend  a  cordial  invitation  to  him. 

Q.  Did  you  not  extend  thanks  for  his  courtes}'^  and  kindness  to 
you,  and  did  you  not  invite  him  to  call  and  see  you  when  he  came 
to  San  Francisco?  A.  I  do  not  remember  of  thanking  him  for  his 
courtesies  and  kindness.  He  had  been  as  kind  as  he  knew  how,  but 
I  do  not  remember  of  thanking  him  for  it. 

Q.  He  had  been  kind  to  the  extent  of  his  knowledge  and  ability? 
A.  Yes. 

Q.  Did  not  you  invite  him  to  call  and  see  you  in  San  Francisco? 
A.  No;  I  could  not. 

Q.  You  swear  positively  to  that?  A.  Only  in  this  way:  he 
might  have  said  he  would  like  to  call  on  me,  and  wanted  to  know 
where  he  could  find  me,  and  I  gave  him  my  friend's  number,  and 
said  casually,  "  Call  around."  I  think  every  lady  does  that  when 
they  do  not  want  to  get  the  ill  will  of  any  one,  and  it  is  easy  to  be  not 
at  home  when  the  call  is  made  if  you  do  not  want  to  see  the  party. 

Q.  You  and  Miss  Patton  are  good  friends?  A.  Yes;  we  are  very 
good  friends. 

Q.  And  have  been  for  some  time?  A.  I  knew  Miss  Patton  in  Oak- 
land quite  well.  We  were  members  of  the  same  literary  society,  and 
we  worked  together  in  that  way.  I  did  not  know  her  intimately. 
Perhaps  a  great  many  would  call  us  intimate  friends,  but  I  have 
very  few  intimate  friends.  I  did  not  know  her  intimately  until  last 
Winter. 

Q.  You  have  felt  very  much  aggrieved  about  her  removal  from  the 
library  ?  A.  I  felt  aggrieved  before  that.  I  did  not  see  how  she  stood 
it.  Downright  meanness  you  can  stand,  but  this  unconscious  mean- 
ness is  very  irritating  to  me.     I  could  not  have  endured  it. 

Q.  It  aggravated  your  feelings  towards  Mr.  Wallis  when  he  re- 
moved her?     A.  I  thought  it  was  a  very  uncalled  for  act. 

Q.  These  petty  annoyances  aggravated  your  feelings  towards  him? 
A.  It  did  not  aggravate  my  feeling  as  regards  his  fatness  for  the 
place. 

The  reporter  read  the  question. 

A.  No;  I  cannot  swear  positively  that  it  did.  I  have  heard  things 
since  that  have  aggravated  me,  and  at  the  time  of  that  letter  I  felt 
indignant,  of  course. 

Q.  You  felt  during  all  this  time  that  Mr.  Wallis  was  not  a  com- 
petent man  for  that  place?  A.  After  my  first  day  in  the  library  I 
felt  so. 

Conspiracy  against  Librarian. 

Q.  You  knew  he  ought  to  be  removed  from  office?  A.  I  knew 
that  it  was  a  disgrace  to  the  State  to  have  him  there. 


23 

Q.  What  part  did  you  take  in  liaving  him  removed  from  that 
position?     A.  I  took  no  part. 

Q.  Did  you  have  any  conversation  with  Miss  Patton  about  arrang- 
ing a  phm  for  his  removal?     A.  No. 

Q.  8he  never  talked  to  you  about  the  matter?  A.  I  said  he  ouglit 
to  be  removed.  I  know  of  no  plan  or  scheme  and  n6ver  lieard  that 
there  was  one. 

Q.  You  never  heard  of  the  scheme  that  there  was  for  his  removal? 
A.  No;  not  until  I  saw  Mr.  Wallis'  card  in  the  Evening  Post. 

Q.  Prior  to  that  time  you  never  heard  of  it?  A.  No;  I  never 
heard  of  any  scheme  or  conspiracy,  or  anything  of  tliat  kind. 

Q.  Did  not  you  tell  Miss  Patton  that  Mr.  Wallis  was  going  to  dis- 
charge her?  A.  No;  I  could  not  have  done  it;  I  did  not  know  it;  I 
knew  that  Mr.  Wallis  was  feeling,  as  he  represented  it  to  me 

The  reporter  read  the  question. 

A.  No;  I  did  not  know  any  such  a  thing.  I  understood  Mr.  Wal- 
lis was  having,  as  I  said,  a  great  deal  of  trouble,  and  he  represented 
to  me  that  he  had  sacrificed  money  and  had  given  a  great  deal  of 
time  and  a  great  deal  of  hard  work,  and>had  been  to  a  great  deal  of 
trouble,  in  making  the  fight  in  the  Legislature  last  Winter  in  regard 
to  keeping  his  position  because  he  kept  Miss  Patton,  but  I  never 
told  Miss  Patton  that  he  was  going  to  discharge  her. 

Q.  You  never  told  her  that  he  was  putting  up  any  jobs  on  her? 
A.  I  warned  her.  I  told  her  this:  she  thought  that  one  or  two  par- 
ties were  her  friends,  and  I  became  convinced  from  what  Mr.  Wallis 
told  me,  and  I  did  not  know  how  true  it  was;  but  at  any  rate  I 
thought  she  had  better  be  careful,  and  I  told  her  that  Mr.  Wallis 
was  finding  fault  with  her,  and  that  I  thought  the  parties  that  she 
thought  were  her  friends,  in  one  or  two  instances,  were  not;  but  I 
did  not  say  to  her  that  Mr.  Wallis  was  going  to  discharge  her,  for  I 
had  no  such  an  idea.     I  did  not  think  it  possible  for  liim  to  do  so. 

Q.  Who  are  those  parties  that  you  refer  to?  A.  In  regard  to 
making  the  statements  ? 

Q.  That  were  not  her  friends?     A.  Mr.  Freeman  is  one. 

Q.  Who  is  the  other  one,  Mr.  Owen  ?  A.  No  ;  it  was  a  party  con- 
nected with  the  Legislature.  I  will  give  his  name  to  the  Board  ;  I 
do  not  care  to  mention  it  publicly. 

Q.  You  decline  to  give  the  name?  A.  I  do  not  decline  to  give  it 
to  the  Board,  but  I  do  not  care  to  have  it  published.  It  was  not  any 
one  in  Sacramento.  I  think  it  would  be  objectionable,  as  calling  for 
my  opinion.  I  had  no  positive  proof.  In  regard  to  the  discharge  of 
Miss  Patton,  I  would  like  to  state  that  it  was  jirobably  from  igno- 
rance on  my  part,  but  I  did  not  know,  until  after  Mr.  Wallis'  card 
appeared  in  the  Post,  that  he  had  a  riglit  to  discharge  her,  as  she 
obtained  her  position  through  a  vote  of  the  Board  of  Trustees.  I 
tliought  she  could  only  be  discharged  through  a  vote  of  the  Trustees, 
and  I  did  not  know  to  the  contrary  until  I  read  his  card  in  the  Post. 

Q.  I  will  ask  you  if  you  had  any  conversation  with  Miss  Patton 
between  the  tenth  and  twenty-sixth  of  last  Jul}^  in  which  you  told 
her  that  Mr.  Wallis  was  going  to  discharge  her,  and  that  he  was  put- 


24 

ting  up  a  job  on  her  to  get  her  out  of  the  library?  A.  I  never  used 
any  such  language  to  her.     I  know  I  never  did. 

Q.  State  what  language  you  did  use?  A.  I  do  not  recollect  of 
making  any  such  a  statement,  and  yet  it  is  possible  that  I  might 
have  said,  when  she  made  a  certain  statement  to  me — and  I  do  not 
remember  if  it  was  between  the  tenth  and  twenty-sixth  of  July — 
but  she  came  to  San  Francisco  and  I  saw  her  for  a  few  hours,  and 
she  told  me  in  regard  to  the  letters  and  the  trouble  she  had  had;  I 
have  forgotten,  but  I  might  have  said,  "  You  had  better  look  out,  he 
might  put  up  a  job  on  you." 

Q.  You  never  told  her  that  he  was  putting  up  a  job?     A.  No. 

Q.  Between  those  periods?    A.  No. 

Drinking  and  Smoking. 

Mr.  Johnson — The  time  you  say  you  saw  the  liquor  there  was 
while  the  Legislature  was  in  session?     A.  Yes. 

Q.  The  Legislature  was  in  session  during  the  whole  of  the  two 
weeks  that  you  were  in  the  4ibrary?  A.  Yes,  except  the  first  four 
days  I  was  there  as  Miss  Patton's  guest. 

Q.  But  during  the  two  weeks  that  you  were  there  assisting?  A. 
Yes. 

Q.  You  know  of  your  own  knowledge  whether  an  effort  was  made 
to  remove  Mr.  Wallis?  A.  I  know  nothing  only  what  he  told  me, 
and  what  I  heard  from  some  of  the  prominent  men.  The  prominent 
men  told  me  that  Mr.  Wallis 

Q.  Was  the  door  into  his  room  ever  shut,  or  was  it  sometimes  open? 
A.  It  was  sometimes  closed. 

Q.  Do  you  know  the  gentlemen  that  were  in  there  Avhen  you  saw 
them — whether  they  were  members  of  the  Legislature  or  not?  A. 
Yes;  I  know  they  were  members  of  the  Legislature,  a  good  many  of 
them. 

Q.  Now,  was  anything  done  in  there  while  you  were  there  that 
was  offensive  or  rude?     A.  No;  they  were  very  gentlemanly. 

Q.  They  were  gentlemanly  so  far  as  you  could  see  during  the  time 
you  were  there?  A.  The.y  were  quiet;  there  was  no  noise — no  undue 
noise. 

Q.  As  a  matter  of  fact,  you  knew  that  there  was  an  effort  being 
made  to  turn  Mr.  Wallis  out  and  put  somebody  else  in?  A.  I  knew 
there  had  been  such  an  effort,  but  I  understood  that  it  had  quieted — 
that  it  was  finished. 

Correspondence  of  Library. 

Q.  I  understood  you  to  say  that  you  live  in  San  Francisco?  A. 
Yes. 

Q.  You  have  not  stated  your  occupation,  except  incidentally,  as 
that  of  a  school  teacher?  A.  Music  teacher;  that  is  what  I  have 
been  engaged  in  the  greater  part  of  the  time,  although  I  have  not 
been  in  that  business  all  the  time.- 

Q.  Did  you  ever  serve  any  one  as  an  assistant  before?  A.  In  a 
library? 


25. 

Q.  No,  in  any  capacity?    A.  I  have  occupied  clerical  positions. 

Q.  Did  you  ever  know  of  any  business  where  a  person  had  a 
deputy  or  clerk  under  him  ;  did  you  ever  see  business  carried  on 
that  way?  A.  Yes,  one  man  had  several;  all  of  my  office  business 
has  been  with  men  where  there  were  several  deputies. 

Q.  This  instance  where  Mr.  Wallis  was  letting  Mr.  Gunn  attend  to 
his  correspondence  is  the  only  instance,  I  understood  you  to  say, 
where  you  have  ever  known  of  a  man  permitting  his  deputy  to  con- 
duct his  correspondence?     A.  No. 

Q.  It  is  not?    A.  No,  I  did  not  make  that  statement. 

Q.  Did  you  ever  know  of  a  man  having  his  deputy  or  clerk  do 
writing  fdr  him?  A.  Yes,  I  have  done  that  for  men,  but  I  was  told 
how  to  do  it  and  what  to  do. 

Q.  Do  you  know  as  to  whether  or  not  Mr.  Gunn  was  competent  to 
write  letters  if  he  was  told  how?  A.  Mr.  Gunn  is  an  intelligent 
gentleman. 

Iiicompetency  of  Librarian. 

Q.  Did  you  ever  tell  Miss  Patton  that  in  your  opinion  Frank  Free- 
man was  the  only  ])erson  fit  for  Librarian  connected  with  the  institu- 
tion, or  language  to  that  effect?     A.  No. 

Q.  Nor  language  to  that  effect.  Just  please  to  refresh  your  recol- 
lection and  see?  A.  I  remember  my  impressions  of  Mr.  Freeman, 
and  they  were  never  changed  in  any  way;  they  were  very  pleasant. 

Q.  I  am  asking  what  you  said  to  Miss  Patton  with  reference  to 
Frank  Freeman?  A.  I  presume  1  have  said  that  he  was  a  much 
better  fitted  man  for  the  place  than  Mr.  AVallis,  and  I  substantiate 
that  now. 

Q.  That  he  was  the  only  person  fit  for  the  place?  A.  No;  I  do  not 
think  r  did. 

Q.  Are  you  a  graduate  of  any  school  of  known  standing?  A.  I 
have  not  graduated.  I  attended  the  Elmira  College  in  the  State  of 
New  York  for  two  years,  and  I  spent  two  or  three  months  at  the 
State  University  at  Berkeley.  I  have  attended  other  schools,  and  I 
have  taught.  Before  I  came  to  California  I  taught  music  and  taught 
school. 

Q.  Will  you  be  so  kind  as  to  tell  me,  if  you  can,  of  any  light  work 
on  religion?  A.  Let  me  see.  ]  think  Jacolliot's  "Bible  in  Lidia," 
while  it  might  not  be  considered  as  a  light  work,  it  is  not  particu- 
larly heavy. 

Q.  I  understood  you,  in  your  examination,  to  find  fault  with  Mr. 
Wallis  because  of  his  not  being  able  to  give  you  an\'  book  that  was 
rather  light  on  religion?     A.  On  the  history  of  ancient  religions. 

Q.  I  understood  you  to  say,  also,  that  you  were  unable  to  remem- 
ber any  at  that  time?  A.  Yes;  I  had  never  been  associated  with  a 
library,  and  I  could  not  recall  them. 

Q.  You  do  not  remember  what  book  it  was  you  finally  gave  to  the 
young  ladies  for  their  mother?  A.  No.  I  went  to  the  alcove  and  I 
got  a  book,  and  I  know  that  they  sent  it  back  in  a  day  or  two. 

Q.  You  are  positive  it  was  not  a  Bible?  A.  Yes;  I  know  the 
Bible. 

4 


.26 

Drinking  and  Smoking. 

Q.  I  understood  you  to  say  that  it  was  a  State  officer  that  was  in 
there  in  January  and  took  a  drink?     A.  Yes. 

Q.  I  understood  you  to  say  that  he  #as  a  Republican?     A.  Yes. 

Q.  Will  you  be  so  kind  as  to  name  any  State  officer  that  is  a  Re- 
publican?   A.  I  will  give  the  name  to  the  Board. 

Q.  I  do  not  ask  you  to  give  the  name  of  that  gentleman.  Name 
any  State  officer  thatis  a  Repablican?  A.  I  take  very  little  interest 
in  politics. 

Q.  But  you  made  that  statement?  A.  My  impression  is  that  there 
is  but  one  State  officer  now  that  is  a  Republican,  or  that  was  a 
Republican. 

Q.  Is  there  any  State  officer  that  is  a  Republican?  A.  I  might  be 
mistaken  about  this  gentleman  being  an  elective  State  officer ;  he 
may  be  an  appointed  State  officer;  but  it  is  my  impression  that  he  is. 

Q.  I  want  to  test  your  knowledge.  Will  you  be  so  kind  as  to  name 
any  appointed,  or  elected,  or  "squeezed  in"  State  officer  that  is  a 
Republican,  or  that  was  a  Republican  last  February,  and  that  was 
here  at  the  State  Capitol  last  February?  A.  I  am  not  positive  that 
this  gentleman  was  a  Republican — but  when  I  think  of  it  he  may  not 
be  an  elective  State  officer;  I  think  he  is  an  appointed  State  officer. 

Q.  Name  him?     A.  It  is  Mr.  Hall,  the  State  Engineer. 

Q.  And  that  is  the  Republican?  A.  I  supposed  so,  by  the  way  he 
talked.  He  talked  Republicanism  to  me,  and  I  supposed  he  was  a 
Republican. 

Q.  Are  you  a  spiritualist? 

Mr.  HoLL  objected,  as  irrelevant  and  incompetent,  and  the  objec- 
tion was  sustained. 

Untruthfulness  of  Librarian. 

Q.  I  understood  you  to  say  that  you  were  dissatisfied  with  Mr. 
Wallis  because  you  thought  he  was  untruthful.  Did  I  correctly 
understand  you  ?     A.  I  do  not  know  that  there  was  dissatisfaction. 

Q.  You  regarded  him  as  untruthful?     A.  Yes. 

Q.  It  is  disagreeable  to  you  to  see  people  untruthful?  A.  I  do  not 
associate  with  them  when  I  cannot  help  it. 

Q.  You  regard  it  as  wrong  to  be  untruthful  ?     A.  Yes. 

Q.  As  a  moral  principle,  and  also  as  a  legal  principle,  you  would 
regard  it  as  wrong  either  to  be  untruthful  or  to  permit  it  in  other 
people?  A.  Yes  ;  I  regard  it  as  the  fundamental  principle  of  society 
that  people  should  be  truthful. 

Q.  Do  yoQ  think  that  it  is  moral  and  truthful  to  invite  a  gentleman 
to  call  on  you  and  at  the  same  time  state  that  it  was  very  easy  to  be 
not  at  home  when  he  called?  A.  I  think  tliat  the  custom  of  society 
and  etiquette  require  certain  things  of  us,  and  I  think  under  those 
circumstances  I  would  consider  it  all  right.  You  misunderstood  me 
if  you  understood  me  as  saying  that  I  ever  invited  Mr.  Wallis  to  call. 

Q.  You  said  that  it  was  easy  to  be  not  at  home.  Your  idea  of  a 
lie  is  simply  that  if  it  is  customary  to  tell  a  lie  that  that  robs  it  of  all 


27 

its  wickedness?  A.  No;  I  think  that  where  there  is  a  vital  principle 
at  stake  lying  is  a  very  dilFerent  thing. 

Q.  Was  Mr.  Wallis  acquainted  with  you  before  you  came  there  in 
January?     A.  No;  he  had  never  seen  me. 

Q.  How  long  were  you  there  in  January  when  you  were  the  guest 
of  Miss  Patton  ?     A..  About  four  days. 

Q.  Were  you  in  the  library  all  the  time?  A.  No;  I  came  on 
Wednesday  after  New  Year's  and  I  left  {Saturday  morning.  I  was  in 
the  library  during  the  greater  part  of  the  time  during  office  hours. 

Q.  The  next  time  you  saw  him  was  when  you  came  there  in  Feb- 
ruary to  act  as  assistant  for  Miss  Patton  ?  A.  I  went  to  the  country, 
and  on  my  return  I  stopped  to  visit  her  again.  I  think  I  came  on 
Saturday. 

Q.  Did  you  see  Mr.  Wallis  between  the  time  you  were  there  in  Jan- 
uary and  tlie  time  you  came  to  the  library?  A.  No,  only  three  or 
four  days  before  Miss  Patton  gave  up  and  remained  at  home,  when  I 
was  in  the  library  as  her  guest. 

Q.  All  these  conversations  you  had  with  Mr.  Wallis,  and  these 
exuberant  confidences  he  made  to  you  at  opportune  and  inopportune 
moments,  were  made  by  a  man  almost  a  total  stranger  to  you?  A. 
Yes ;  that  is  what  disgusted  me  at  first. 

Q.  You  were  not  proud  of  his  selecting  you  as  a  confidant  in  the 
matter?     A.  No;  I  never  was. 

Q.  Did  you  invite  the  gentlemen  connected  with  the  library  to 
call  upon  you  at  Miss  Patton's  residence,  and  did  they  do  so  and 
spend  a  pleasant  evening?  A.  I  do  not  remember  doing  so;  if  I  did 
so,  they  did  not  come. 

Q.  Did  Mr.  Wallis  and  other  gentlemen  at  the  library,  at  your 
invitation,  visit  you  at  Miss  Patton's  residence,  and  play  cards  with 
you, and  pass  a  pleasant  evening?  A.  The  first  evening  that  I  spent 
in  Sacramento  on  my  way  to  the  country,  I  think  perhaps  Mr.  Free- 
man will  remember  whether  Mr.  Wallis  was  at  Miss  Patton's  or  not, 
playing  whist.  I  do  not  remember  any  such  an  invitation;  it  is  not 
like  me.  It  is  hardly  in  my  nature  to  entertain.  I  can  do  it,  per- 
haps, sometimes,  if  it  is  going  to  hurt  any  one's  feelings  by  not  doing 
it,  but  it  is  not  like  me  at  all  to  invite  people  to  my  home  that  I  do 
not  care  particularly  to  spend  the  evening  with.  Last  February  is 
some  time  ago,  and  I  cannot  recollect,  as  I  say.  I  was  not  going  to 
fight  witli  Mr.  Wallis.  That  would  have  been  very  bad  policy,  for 
my  friend's  sake,  for  me  to  have  done  so.  I  do  not  remember  having 
extended  any  such  invitation;  if  I  did,  it  was  not  accepted,  to  my 
remembrance.     Miss  Patton  was  ill. 

Q.  Did  you  after  that  tell  Mr.  Wallis  that  you  would  assist  him 
in  keeping  his  place  and  that  you  would  write  letters  to  some  friend 
of  yours?  Did  you,  in  the  presence  of  Miss  Patton,  tell  Mr.  Wallis 
that  you  would  assist  him  to  keep  his  position,  and  that  you  would 
write  a  letter  to  some  friend  of  yours?  A.  I  do  not  remember  of  any 
such  a  statement.  It  might  possibly  have  occurred  on  the  ground  of 
saving  Miss  Patton  or  assisting  her.  Mr.  Wallis  blustered  about  it  a 
great  deal,  and  the  first  two  or  three  days  I  did  not  know  what  to 


28 

believe  and  what  not  to  believe.     After  that  I  had  no  hesitancy  but 
I  do  not  recall  any  such  a  statement. 

Re-direct  Examination.   . 

Mr.  HoLL — During  the  time  you  stopped  in  the  library  what  did 
Mr.  Wallis  do?  We  were  talking  about  the  correspondence  a  little 
while  ago.  What  did  he  do  during  that  time?  What  labors  did  he 
perform?  What  position  did  he  fill  ?  What  useful  purpose  was  he 
employed  at  there?  A.  It  seems  rather  severe,  but  T  declare  I  do  not 
know  of  but  one  word  that  will  express  it,  and  that  is  "bluster." 

Q.  He  occupied  his  time  bj^  blustering?  A.  Yes;  as  far  as  my 
observation  went. 

Q.  Did  you  ever  see  him  write  any  letters?     A.  No. 

Q.  Did  you  ever  see  him  do  anything  about  the  librarj^?  A.  No. 
I  cannot  recollect  of  his  putting  up  books.  I  know  that  he  looked 
over  my  check  book  once  or  twice  and  said  that  notice  must  be  sent 
to  such  and  such  persons,  and  that  he  would  attend  to  it,  but  when 
I  left  it  had  not  been  attended  to.     That  is  as  far  as  I  can  think  of. 

Q.  Mr.  Johnson  spoke  about  his  communicating  to  you  so  many 
things  in  confidence.  Did  you  ever  repel  him,  or  suggest  to  him 
that  you  did  not  care  to  hear  it?     A.  Yes,  I  did. 

Q.  How  did  it  occur,  and  what  did  you  do? 

Mr.  Johnson  moved  to  strike  out  the  last  answer,  because  the 
question  was  leading  and  not  in  re-direct  examination,  and  the 
motion  was  denied. 

A.  I  could  not  stop  him;  I  tried  to,  but  I  did  not  succeed. 

Q.  What  did  you  say  to  him?  A.  I  told  him  I  did  not  care  to 
hear  those  things. 

Q.  Did  that  occur  more  than  once?  A.  Yes,  several  times;  it 
occurred  several  times;  I  know  the  circumstances  under  which  it 
occurred. 

Q.  You  stated  in  your  cross-examination  that  a  multitude  of  little 
things  occurred  in  the  library,  and  that  that  was  one  reason  that 
created  your  sympathy  for  Miss  Patton,  and  you  said  that  you  would 
not  have  endured  it.  M^hat  would  have  been  your  remedy?  A. 
Well,  I  would  have  left.   • 

Q.  If  you  had  lield  the  position  of  Assistant  Librarian,  and  had 
been  subject  to  that  conduct,  what  would  have  been  your  remedy? 

Question  objected  to  and  withdrawn. 

Q.  You  were  asked  tlie  direct  question,  whether  between  the  tenth 
and  twenth-sixth  of  July  you  told  Miss  Patton  about  a  plot  or  a  job 
put  up  to  remove  her.  Did  you  know  at  that  time  of  any  job  or  of 
any  disposition  on  the  part  of  anybody  to  remove  her?  A.  As  I  say, 
shortly  before  the  card  of  Mr.  Wallis  appeared  in  the  paper,  and  I 
was  informed  through  the  papers  that  she  had  received  this  letter 
from  Mr.  Wallis,  asking  for  her  resignation — I  saw  her  in  San  Fran- 
cisco, and  she  told  me  about  this  trouble  in  regard  to  the  letters,  and 
I  remember  of  saying  to  her  that  she  had  better  look  out,  or  some- 
thing of  that  kind,  and  she  expressed  herself  as  not  being  at  all 
afraid.     I  do  not  know  the  date  of  that  card.     I  do  not  recollect. 


29 

Q.  Did  you,  in  that  conversation,  tell  her  anything  about  any  job 
put  up  to  remove  her?     A.  No;  I  did  not  know  anytliing  of  it. 

Mr.  Johnson — Your  p\ace  of  duty,  while  you  were  tliere,  was  in 
the  main  room  at  the  desk,  in  the  room  where  the  books  are?  A. 
Yes. 

Q.  It  was  your  duty  to  stay  there?     A.  Yes. 

Q.  If  anybody  was  in  the  Law  Library  you  could  not  tell  what 
they  were  doing?  A.  I  had  to  go  in  there  frequently  to  consult  Mr. 
Gunn.  You  must  remember  that  I  came  here  a  perfect  stranger  in 
the  library,  and  I  was  not  familiar  Avith  the  locations  of  the  books. 
I  learned  that  as  fast  as  I  could,  but  during  that  time  Mr.  Gunn  very 
frequently  assisted  me.  Parties  would  come  in  the  library  and  ask 
for  books,  and  I  would  not  know  where  to  find  them.  After  the  first 
week,  or  ten  or  twelve  days,  I  knew  something  of  the  way  the  books 
were  arranged,  but  I  was  very  often  puzzled,  and  he  would  come  and 
find  the  books  for  me,  or  else  designate  the  alcove  where  I  would 
find  them. 

The  reporter  read  the  question. 

A.  No  ;  not  if  I  was  at  my  desk. 

Q.  If  any  one  was  in  the  Librarian's  private  office  you  could  not 
tell  what  they  were  doing  there  when  you  were  attending  to  your 
duties?  A.  No  ;  not  if  the  door  was  closed,  and  if  I  did  not  happen 
to  go  in  there. 

Q.  If  the  door  was  wide  open,  or  if  it  was  off  its  hinges,  can  you  see 
into  the  Librarian's  private  office  from  the  desk  where  you  used  to 
be?    A.  No. 

Q.  Is  it  the  Librarian's  duty  to  put  up  the  books?  A.  No;  not  as 
I  understand  it. 

Q.  You  found  fault  with  Mr.  Wallis  for  that  reason?  A.  I  simply 
stated  that  fact  as  incidental;  perhaps  it  was  unnecessary.  I  was 
trying  to  think  what  I  had  seen  him  do,  and  that  occurred  to  me. 

Q.  Were  there  enough  assistants  and  help  in  the  library  to  attend 
to  the  business?    A.  Yes;  although  some  days  it  was  very  hard  work. 

Q.  Some  days  you  had  to  earn  your  salary  more  than  on  other 
days,  although  you  unfortunately  did  not  get  a  salary;  but  those 
that  got  salaries  had  to  work  some  days  harder  than  others?  A.  I 
think  Mr.  Gunn  had  to  work  very  hard,  and  I  felt  tired. 

Q.  Did  Miss  Patton  tell  you  why  she  was  not  afraid  of  Mr.  Wallis? 
A.  No;  she  did  not. 


EVENING    SESSION. 

Testimony  of  Hattie  R.  Kelsey — Resumed. 

Mr.  HoLL — Miss  Kelsey  desires  to  make  a  statement  in  reference 
to  a  part  of  her  testimony  given  this  afternoon. 

A.  On  reflection  I  have  thought  of  something  that  I  had  forgotten, 
and  I  desire  to  have  it  right,  and  that  is  in  regard  to  my  meeting 
with  Miss  Patton  in  San  Francisco,  in  the  early  part  of  July.  When 
one  of  the  gentlemen  asked  me  if  I  did  not  tell  Miss  Patton  that 


30 

there  was  a  conspiracy  formed  to  get  rid  of  her,  I  did,  and  these  were 
the  circumstances:  Just  after  my  return  to  San  Francisco  last 
Winter,  a  friend  in  Oakland  came  to  me  and  said  that  Miss  Patton 
was  going  to  lose  her  position.  I  said,  "No."  She  was  a  friend  of 
Miss  Patton,  and  she  was  anxious  about  it.  I  said  "No."  She  said, 
"She  is;  I  know  positively."  And  she  said  it  came  from  a  very 
reliable  source.  I  told  Miss  Patton  this  statement,  and  I  understood 
from  what  she  said  that  Mr.  Wallis  had  no  authority  to  discharge 
her.  I  gained  that  impression  from  what  she  said,  and  just  after 
this  conversation  I  saw  this  friend,  and  I  told  her  I  wanted  to  know 
more  of  the  details,  and  she  replied  that  the  position  was  offered  to 
a  teacher  in  the  City  of  Oakland,  and  that  the  teacher  had  said  that  she 
would  accept  the  position,  and  when  that  lady  found  that  it  was  the 
position  occupied  by  Miss  Patton — it  had  been  simply  tendered  to 
her  in  connection  with  the  State  Library — when  she  found  out  that 
it  was  the  position  occupied  by  Miss  Patton,  she  declined  to  have 
anything  to  do  with  it,  but  it  was  offered  to  her  in  good  faith.  I 
entirely  dismissed  it  from  my  mind,  and  this  afternoon,  when  the 
question  was  asked,  I  did  not  remember  it  at  all  until  after  I  had  left 
and  thought  over  the  matter,  and  had  spoken  to  Miss  Patton  about 
it,  and  she  called  my  attention  to  that  fact. 

Q.  That  is  the  substance  of  what  you  stated  in  reference  to  her 
removal?    A.  Yes. 

Mr.  Johnson — Did  I  understand  you  to  say  that  you  told  Miss 
Patton  that  some  friend  of  yours  in  Oakland  told  you  that  she  was 
going  to  be  removed,  or  did  you  tell  Miss  Patton  that  somebody  said 
to  you  that  Mr.  Wallis  was  going  to  remove  her,  or  did  you  tell  her 
that  Mr.  Wallis  was  going  to  remove  her?  A.  I  did  not  state  in 
regard  to  that,  because  I  did  not  know.  My  impression  was,  and  1 
think  I  must  have  conveyed  the  idea  to  her,  that  in  some  way  there 
was  a  conspiracy  formed.  I  did  not  know  how.  My  friend  did  not 
tell  me.    She  was  pledged  not  to. 

Q.  You  did  intimate  to  her  that  there  was  a  conspiracy?  A.  I  do 
not  know  whether  I  used  the  w^ord  "  conspirac}'^ "  at  all,  but  that 
would  perhaps  express  it  to  a  certain  extent.  I  gave  Miss  Patton  my 
authority. 

Q.  Who  was  that  authority?  A.  I  will  give  the  name  to  the  mem- 
bers of  the  Board,  and  of  course  the  Board  can  make  such  disposi- 
tion of  the  name  as  they  desire. 

Q.  What  is  the  name  of  your  informer?  A.  I  reply  that  I  will 
give  it  to  the  members  of  the  Board — to  the  Chairman  of  the  Board. 

Mr.  Johnson  moved  to  strike  out  all  of  the  witness'  testimony  in 
reference  to  what  she  was  told  in  Oakland,  and  as  to  what  she  told 
Miss  Patton — all  of  the  testimony  she  has  given  this  evening  in 
response  to  Judge  HoU's  questions. 

The  Board  struck  out  all  the  witness'  testimony  given  during  the 
evening,  except  what  she  said  to  Miss  Patton. 

Mr.  Johnson — Do  you  consider  yourself  competent  to  judge  as  to 
the  proper  use  of  language,  and  the  proper  expressions  to  be  used  by 
a  State  Librarian,  in  transacting  his  business? 

Objection  sustained. 


31 

Q.  I  understood  you  to  say  that  you  thought  his  manner  was 
undignified.  Do  you  consider  yourself  competei,\t  to  judge  as  to 
that?     A.  That  is -my  opinion.     I  consider  myself;  yes. 

Q.  I  understood  you  to  say  that  he  used  commonplace  phrases. 
Do  you  consider  yourself  competent  to  judge  as  to  what  a  common- 
place phrase  is?  A.  Yes;  I  have  my  idea  in  regard  to  it;  it  might 
differ  from  yours. 

Q.  Do  you  consider  yourself  competent  to  judge  as  to  that?  A.  I 
cannot  consider  myself  particularly  competent  for  anything  as  I 
view  life.  We  might  consider  ourselves  competent  while  from  another 
standpoint  it  would  be  a  very  different  matter.  We  have  no  right 
to  lay  down  the  laws  by  which  others  should  be  judged.  We  can 
lay  down  our  own  laws.  According  to  the  best  of  my  ability  I  judge, 
but  I  do  not  claim  that  it  is  infallible. 

Q.  You  have  judged  to-day, and  under  oath  have  testified  in  refer- 
ence to  Mr.  Wallis,  and  have  given  the  most  damaging  testimony 
you  could  possibly  consistent  with  the  truth  against  him.  Now,  I 
ask  you  the  question  if  you  consider  yourself  competent  to  judge  as 
to  what  is  a  commonplace  phrase?  You  used  the  ex[)ression  your- 
self?    A.  Yes;  I  do  from  my  standpoint. 

Q.  Will  you  tell  me  if,  when  I  use  this  expression,  whether  it  is  a 
commonplace  phrase:  ''Mr.  Davis  is  suffering  from  a  circumscribed 
subcutaneous  inflammation  characterized  by  a  pointed  pustular 
tumor  suppurating  with  a  central  core?"  Would  that  be  a  common- 
place phrase  or  not?     A.  No;  very  few  would  use  it. 

Q.  Do  you  understand  the  meaning  of  that?  A.  It  conveys  an 
impression  to  my  mind. 

Q.  Do  you  know  the  meaning  of  that  expression  that  I  used?  A. 
If  you  will  say  it  over  again  I  think  I  can  comprehend  it. 

Q.  "Mr.  Davis  is  suffering  with  a  circumscribed  subcutaneous 
inflammation  characterized  by  a  pointed  pustular  tumor  suppurating 
with  a  central  core."     It  is  a  boil.     A.  I  would  like  a  copy  of  it. 


Testimony  of  R.  M.  Clarken. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL— Your  name  is  R.  M.  Clarken  ?    Answer — Yes. 

Q.  You  are  a  resident  of  Sacramento  City,  of  course  ?     A.  Yes. 

Q.  Do  you  know  the  State  Librarian,  Talbot  H.  Wallis  ?  A.  Yes, 
for  several  years. 

Q.  Have  you  been  in  the  library  a  good  deal  during  that  time? 
A.  Yes;  from  time  to  time,  very  frequently. 

Q.  Were  you  in  the  library  a  good  deal  during  the  session  of  the 
last  Legislature?  A.  Yes,  I  think  I  can  safely  say  I  was  in  the 
library  last  Winter  or  during  the  last  session  of  the  Legislature, 
more  than  during  any  previous  session,  except  perhaps  the  session  of 
1875-6,  when  I  was  a  member,  for  the  reason  that  I  had  a  bill  that 
I  was  engineering  or  trying  to  engineer  through. 

Q.  Did  you  pass  it?    A.  Yes,  I  passed  it. 


32 

Drinking  and  Smoking. 

Q.  Mr.  darken,  you  are  a  lawyer,  yourself,  and  I  do  not  want  to 
ask  you  the  questions.  I  will  ask  you  the  general  question,  to  tell 
what  you  know,  if  you  know  anything,  and  all  that  \'ou  know,  in 
reference  to  the  use  of  liquors  in  any  portion  of  the  library  dur- 
ing the  session  of  the  last  Legislature?  A.  Well,  from  personal 
knowledge  I  know  that  gentlemen  from  time  to  time,  members  I 
think,  and  perhaps  others,  have  drank  in  the  Librarian's  private 
office  ;  that  is  an  answer  in  general  terms. 

Q.  Go  on  now,  and  state  all  tliat  you  know  in  reference  to  the  ex- 
tent and  the  number  of  times  that  you  saw  people  in  there ;  whether 
it  was  a  custom  to  go  in  there,  or  whether  it  was  only  incidentally 
that  some  gentlemen  went  in  there  to  drink  ;  state  all  that  you  know 
about  that?     A.  I  understand  the  question  thoroughly. 

Q.  Very  well,  sir  ?  A.  1\\  the  first  place  I  do  not  know  whether  it 
was  a  custom  or  not.  It  is  impossible  for  me  to  say.  I  will  say  that 
I  have  seen  them — persons — drink  there  three  or  four  times.  I  have 
seen  perhaps  one  or  two  go  in  tliere,  while  at  other  times  and  on  one 
particular  occasion,  on  one  evening  towards  the  end  of  the  session, 
there  was  quite  a  crowd,  all  in  one  body,  took  a  drink  and  they  went 
out  again. 

Q.  Where  was  this — what  part  of  the  library  ?  A.  The  Librarian's 
private  office. 

Q.  Did  you  ever  observe  any  liquor  there;  any  packages  that  con- 
tained liquor,  or  such  packages  as  are  usually  used  ?  A.  I  think 
what  liquor  was  drank — I  did  not  observe  it  all ;  I  was  not  drinking 
myself.  I  had  been  asked  and  refused.  The  liquor  was  taken  from 
a  bottle,  I  think, 

Q.  Did  you  see  an}-  demijohns  tliere?  A.  No.  During  the  last 
session  of  the  Legislature  I  never  saw  a  demijohn  to  my  recollection. 

Q.  How  much  of  the  time  during  that  session  were  you  in  the 
library?  A.  Comparatively  few  times  in  the  private  office  of  the 
Librarian,  for  the  very  reason  that  my  business  especially  called  me 
into  the  Law  Library. 

Q.  Were  you  in  there  a  great  deal?  A.  I  think  I  might  safely  say 
that  for  the  space  of  three  weeks  I  scarcely  missed  a  day  being  in 
this  library,  and  I  will  explain  the  cause  of  it:  I  wanted  to  get  a 
hearing  before  the  Judiciary  Committee  of  the  Senate,  and  that 
committee  used  to  meet  immediately  after  the  adjournment  of  the 
Senate  every  day.  The  bill  that  I  was  the  author  of,  and  that  I  was 
trying  to  get  through,  and  which  finally  did  pass — the  bill  for  the 
relief  of  Saultry,  who  lost  both  of  his  arms  at  the  State  Prison — was 
an  important  measure,  and  involved  certain  questions  that  I  wanted 
to  discuss  before  the  committee,  and  they  promised  from  time  to 
time  to  give  me  a  hearing.  So  I  would  come  here  every  day  in  order 
to  be  in  time.  They  adjourned  so  very  late  in  the  afternoons  that  I 
could  not  get  a  hearing  until  fully  three  weeks  had  elapsed.  One 
day  i  got  a  hearing  of  a  few  moments  and  they  then  continued  the 
case  for  a  time — two  or  three,  or  four  days,  perhaps — and  the  conse- 
quence was  that  during  that  time  I  was  not  up  here.     After  that  then 


33 

I  was  more  or  less  on  hand  all  the  time.  After  it  got  to  the  house  I 
was  not  np  here  so  often,  for  the  reason  that  the  Committee  on 
Claims  to  which  it  was  referred  in  the  Assembly,  met  in  the  evening, 
but  during  that  interval  I  would  drop  in  from  time  to  time. 

Q.  During  the  time  that  you  were  in  attendance  on  the  library 
how  many  times  do  you  say  you  personally  was  cognizant  of  this  use 
of  liquor?  A.  As  I  said,  three  or  four  times;  perhaps  two  or  three 
times;  I  could  not  say. 

Q.  At  such  times  how  many  persons  were  present?  A.  I  think  I 
have  at  times  seen  one  or  two,  and  one  evening  towards  the  end  of 
the  session,  I,  if  I  mistake  not,  there  were  several  gentlemen,  perhaps 
five,  or  six,  or  seven,  that  came  in  there  and  I  chanced  to  be  in 
there;  some  of  them  I  was  acquainted  with. 

Q.  Any  tobacco  used  there;  any  smoking  in  there;  was  the  room 
full  of  smoke?  A.  No;  the  room  was  not  full  of  smoke.  I  have 
smoked  in  there  myself  for  several  years  past.  There  was  not  a  room 
full  of  smoke.  I  have  smoked  in  there  and  I  have  seen  others  smok- 
ing. 

Q.  I  have  reference  to  the  times  when  you  have  seen  men  go  in 
there  and  drink  whisky?  A.  I  do  not  know  whether  I  have  seen 
them  smoking  or  not.  They  may  have  had  their  cigars  in  their 
hands;  I  do  not  know  whether  they  did  or  not. 

Q.  You  know  that  was  the  place  where  they  resorted  to  a  greater 
or  less  extent  to  drink  liquor?    A.  No;  I  do  not  know  that  it  was. 

Q.  Do  not  you  know  that  they  went  in  for  that  purpose?  A.  I 
know  that  after  they  went  in  there  they  got  it.  I  do  not  know  that 
they  went  in  for  that  purpose. 

Q.  You  had  been  invited  in  for  that  purpose?  A.  No  ;  I  chanced 
to  be  invited  after  I  was  there.     I  did  not  go  in  to  be  invited. 

Q.  When  you  were  in  there  you  were  invited  to  drink?     A.  Yes. 

Q.  You  know  that  liquor  was  kept  there.  A.  Yes;  I  think  that 
somebody'  that  did  not  have  the  privilege  to  invite  me,  asked  me. 

Q.  Is  that  the  reason  that  you  did  not  take  any?  A.  No;  it  was 
because  I  do  not  drink,  and  I  think  Talbot  Wallis  at  the  time  said, 
"darken  does  not  drink." 

Deportitnent  of  Librarian. 

Q.  Did  you  see  a  good  deal  of  Mr.  Wallis  daring  the  time  you 
stayed  in  the  library?     A.  Yes;  most  every  day. 

Q,.  What  do  you  know,  if  anything,  about  his  being  in  the  habit 
of  using  loud  and  boisterous  language  in  the  library  building?  A. 
I  have  heard  Mr.  Wallis,  from  time  to  time,  in  a  loud  voice,  hailing 
somebody  or  talking  to  somebody,  and  that  is  all.  It  was  in  a  loud 
manner.     How  frec^uently  I  do  not  know. 

Q.  Enough  so  as  to  attract  your  attention  to  the  fact  that  as  a  usual 
thing  he  was  talking  loud  and  in  a  manner  not  in  keeping  with  a 
person  who  occupied  a  position  of  that  kind?  A.  I  have  heard  Mr. 
Wallis  talk  in  a  loud,  stentorian  voice,  for  he  has  an  unusually  loud 
voice  anyhow.  I  have  heard  him  talk  in  a  voice  contrary  to  the 
rules  that  are  tacked  up  on  the  walls  of  the  library,  I  think,  but  at 


u 

the  same  time  I  have  heard  others  violate  the  same  rule  time  and 
again. 

Q.  I  am  asking  you  about  Mr.  Wallis.  In  reference  to  Mr.  Wallis, 
you  say  you  have  heard  him  use  language  that  you  su[)pose  or  be- 
lieved to  be  in  violation  of  the  rules  of  the  Trustees?  A.  No.  I 
said  I  heard  him  talk  in  such  a  loud  voice  that  I  regarded  it  as  a 
violation. 

Q.  You  regarded  it  as  a  violation?     A.  Yes. 

Smoking  in  Library. 

Q.  Did  you  ever  see  Mr.  Wallis  use  a  pipe  and  smoke  in  the 
library  other  than  in  his  private  office?  A.  I  would  not  say  posi- 
tively. 

Q.  You  remember  of  his  having  a  big  pipe?  A.  I  remember  that 
he  has  a  big  pipe,  and  I  have  seen  him  smoking  it. 

Q.  Have  you  seen  him  smoke  it  in  the  library  other  than  in  the  pri- 
vate office?  A.  I  cannot  say  that  I  have;  but  I  have  seen  him  when 
walking  from  his  private  office  through  the  library,  or  to  the  Law 
Library,  I  have  seen  him  have  that  pipe  in  his  hand,  I  think;  I 
would  not  be  positive  about  that;  I  have  seen  him  have  it  in  his 
hand ;  I  have  seen  him  smoking  it  in  his  office ;  how  often  I  could 
not  say. 

Q.  Have  you  seen  him  smoking  it  in  the  Law  Library  ?    A.  No. 

Q.  Or  in  the  miscellaneous  library?  A.  Not  to  my  recollection 
in  there,  I  think. 

Q.  Where  did  you  see  him  smoking  it  ?  A.  In  his  own  private 
office. 

Q.  Do  you  not  remember  seeing  him  smoking  it  an}'^  other  place? 
A.  No,  I  do  not  think  that  I  charged  my  memory  with  it. 

Q.  Do  you  remember  speaking  to  persons  about  the  fact  of  his 
doing  that  in  the  general  library,  in  the  miscellaneous  library  ?  A. 
I  do  not  remember  it ;  no. 

Incomfpetcncy  of  Librarian. 

Q.  Did  you  ever  speak  to  him  upon  subjects  pertaining  to  the 
library?     A.  In  what  way  do  you  mean? 

Q.  I  mean  about  hiatters  pertaining  to  the  library  and  in  reference 
to  books.  Did  you  ever  call  for  any  books  in  there  to  ascertain 
whether  you  could  get  information  upon  any  subjects?  A.  No;  I 
think  not. 

Q.  You  never  had  any  such  conversation?  A.  Not  to  my  recol- 
lection, unless  you  refresh  my  memory  in  some  manner  or  other. 
Most  everything  I  have  gone  there  for  I  either  knew  where  to  find 
it,  or  I 

Q.  Did  you  ever  have  any  conversation  with  Mr.  Wallis  on  sub- 
jects in  reference  to  the  library  in  such  a  way  as  to  impress  on  your 
mind  his  deficiency  in  the  knowledge  that  a  Librarian  ought  to 
have?    A.  No.  / 

Q.  You  never  had  any  such  ?    A.  No;  never  to  my  recollection. 


35 

Drinking  in  Library. 

Q,.  Did  you  oversee  Mr.  Wallis  in  t.lie  library  when  yon  at  least 
thought  he  was  under  the  influence  of  liquor?  A.  No;  1  have  never 
seen  Mr.  Wallis,  at  any  time  in  my  life,  after  an  acquaintance  of  ten 
years — I  do  not  think  I  ever  saw  him  in  that  way. 

Mr.  Ball — You  have  seen  him  frequently  during  that  time?  A. 
I  have;  I  have  known  Mr.  Wallis  personally  since  1  have  lived  in 
this  city  the  last  time. 

Mr.  HoLL — I  speak  of  the  time  that  he  was  in  the  library  ?  A.  He 
was  in  the  library  during  the  time  I  speak  of. 

Q.  I  ask,  since  he  has  been  Librarian?  A.  That  is  the  question 
that  I  have  answered  already.  I  say  no,  and  I  answered  Judge  Ball 
that  I  have  known  him  for  a  number  of  years. 

Q.  Do  you  remember  ever  being  present  with  other  persons  em- 
ployed at  the  library  when  Mr.  Wallis  was  in  a  condition  otherwise 
than  that  of  strict  sobriety,  and  when  it  was  a  matter  of  talk  between 
you  and  somebody  else  in  the  library  as  to  his  condition?  A.  No,  I 
do  not  recollect  it.  As  I  said  before,  if  you  can  refresh  my  memory 
about  it,  and  if  I  remember  it,  I  will  answer  it. 

Q.  You  do  not  remember  it?     A.  No. 

Cross-examination. 

Mr.  Johnson — The  time  you  say  you  saw  these  people  in  the  pri- 
vate office  taking  a  social  drink,  they  were  perfectly  gentlemanly 
about  the  matter?  A.  Yes,  every  one  of  them;  I  would  not  have 
recollected  that  circumstance  had  it  not  been  for  the  fact  that  one 
was  a  member  of  the  Assembly  whom  I  knew.  He  was  a  little 
hilarious  and  felt  jubilant.  He  had  been  successful  in  the  passage  of 
a  friendly  Act  that  day,  and  he  felt  unusually  good.  I  remember 
there  was  a  crowd  in  there. 

Q.  Everything  was  polite,  gentlemanly,  and  quiet?  A.  Yes,  as 
affable  as  could  be. 


Testimony  of  John  H.  McKune. 
Called  and  sworn  on  behalf  of  the  prosecution. 
Untruthfulness  of  Librarian. 

Mr.  Holl — You  know  the  State  Librarian,  Talbot  H.  Wallis. 
Answer — Yes. 

Q.  You  remember  about  the  time  when  he  was  elected  to  that 
position?     A.  I  could  not  tell  the  date;  I  recollect  the  occasion. 

Q.  You  remember  having  a  conversation  with  him  after  that  rela- 
tive to  his  election?     A.  I  have  had  several. 

Q.  Shortly  after  the  election,  or  since  that  time?  A.  One  the  same 
day,  and  then  some  time  later — weeks,  perhaps,  later — but  I  cannot 
fix  the  time. 


36 

Q.  Did  you  have  any  conversation,  or  more  than  one,  wherein  he 
told  you  the  circumstances  of  his  election,  wherein  he  detailed  to  you 
the  facts  about  why  certain  members  voted  for  him?  A.  He  told 
me  some  facts  about  the  matter  of  the  election,  as  to  the  influences 
that  induced  the  parties  to'  vote. 

Q.  I  would  like  to  have  you  state  them  to  this  Board.  These  state- 
ments were  not  made  to  you  in  confidence?  They  were  not  confi- 
dential communications?  A.  I  do  not  know  that  there  was  a,ny 
seal  of  secrecy  put  on  them ;  they  are  of  a  character,  however,  which 
I  would  not  want  to  repeat,  simply  because  I  think  they  would  hardly 
bear  publicity.  It  would  hot  be  creditable  to  the  parties,  and,  of 
course,  I  understood  that  I  was  not  to  talk  it  in  public,  not  because 
it  was  so  understood,  but  I  would  not  tell  these  things  because  they 
might  injure  some  persons. 

Q.  Yoii  say  that  you  did  not  consider  it  at  that  time  as  a  confiden- 
tial communication?  A.  In  that  way  I  did  not,  but  the  character  of 
tlie  statements  were  such  that  they  ought  not  to  be  mentioned. 

Q.  Were  there  any  restrictions  put  upon  you?  A.  Not  that  I 
remember  of. 

Q.  Did  they  have  reference  to  the  reasons  why  some  of  the  mem- 
bers of  tlie  Board  voted  for  him?  A.  Yes;  some  part  of  the  conver- 
sation did. 

Q.  I  would  like  to  have  you  state  to  the  Board  what  he  said  to  you 
at  that  time  as  to  why  members  of  this  Board  voted  for  him? 

Mr.  Johnson  objected  to  the  question,  as  irrelevant,  immaterial, 
not  responsive  to  any  of  the  issues  in  this  case,  and  not  included  in 
any  of  the  charges  or  specifications  in  this  case. 

The  objection  was  overruled  by  the  Board,  Mr.  Freeman  voting  in 
the  negative. 

Mr.  HoLL — State  what  this  man  said  to  you  about  this  thing?  A. 
Shortly  after  the  election  I  was  in  the  Law  Library,  and  Mr.  Wallis 
came  in,  and  I  had  known  that  the  election  was  going  forward  and 
had  heard  that  he  had  been  elected,  but  had  not  heard  the  particulars 
of  how  the  vote  had  been,  and  I  asked  him  to  tell  me,  as  a  matter  of 
curiosity,  not  supposing  that  it  was  a  secret,  and  he  said  that  at  that 
time  he  could  not  tell  me  the  particulars,  but  would  at  some  future 
time.  Some  weeks  later — I  cannot  tell  when  it  was — in  the  office  of 
the  Librarian,  in  the  presence  of  Miss  Patton,  the  thing  was  again 
called  up,  and  I  cannot  tell  now  whether  I  asked  or  whether  he 
volunteered  to  introduce  it.  He  then  related  to  me  some  of  the  facts 
connected  with  his  election.  I  do  not  think  I  can  remember  all  of 
them.  Some  of  them  I  can.  He  gave  me  to  understand  that  Mr. 
Belclier  voted  against  him,  in  violation  of  pledges;  that  Mr.  Edger- 
ton  for  some  "time  felt  inclined  to  vote  against  him,  and  I  think  he 
said  that  Mr.  Edgerton  had  made  a  motion  to  continue  the  election 
and  to  not  dispose  of  it  on  that  day;  that  thereupon  Mr.  Owen— I 
think  he  said — made  a  speech,  or  got  up  and  addressed  the  Board 
and  denounced  Mr.  Edgerton  for  wanting  a  postponement  of  it;  that 
that  meant  defeat  to  Mr.  Wallis  and  the  election  of  somebody  else; 
that  Mr.  Edgerton  finally  concluded  that  he  would  vote  for  him,  and 
so  announced.     I  asked  him  what  made  the  change — what  induced 


37 

Mr.  Edgertoii  to  make  that  change.  "Oh,  he  dasen't  go  back  on  his 
word,"  he  said.  He  said  tliat  Grove  L.Johnson — that  the  arrange- 
ment ^^-as  made  with  Grove  L.  Johnson,  by  which  when  Mr.  Edger- 
ton  was  elected  lie  was  to  vote  for  Mr.  Wallis,  and  it  was  through  his 
(Wallis')  influence  that  he  (Edgerton)  was  elected,  and  that  Mr.  John- 
son was  there,  and  that — I  do  not  think  he  .said  that  Mr.  Johnson  was 
ready  to  resort  to  violence,  nor  that  Mr.  Edgerton  did  not  dare  to  go 
back  on  his  promise  and  vote  against  him.  Now,  that  is  about  the 
substance  of  that,  and  I  think  lie  in  part  reiterated  it  some  weeks 
later  in  other  conversations  in  the  Law  Library.  That  is  about  as  I 
remember  the  conversation.  It  did  not  occur  to  me  until  recently, 
and  I  did  not  think  that  it  would  be  necessary  to  remember  it. 

Q.  What  did  he  give  you  as  the  reason  that  Mr.  Edgerton  would 
not  vote  against  him,  why  could  not  he?  A.  He  said  he  dared  not 
go  back  on  his  promise;  that  he  promised  Mr.  Johnson,  and  that  Mr. 
Johnson  would  not  let  him. 

Q.  Did  he  tell  you  what  means  would  be  resorted  to?  A.  If  he 
did,  I  cannot  tell.  That  was  given  to  me  by  somebody  about  that 
time,  but  I  cannot  tell ;  I  would  not  like  to  state  that  he  said  Mr. 
Johnson  was  there  armed  ;  I  cannot  now  recall  it  with  that  certaintj^ 
that  I  would  like  to  say  that  he  told  me  so.  That  is  about  all 
there  is. 

No  cross-examination. 


Testimony  of  R.  O.  Cravens. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — You  have  been  the  Librarian  for  a  long  time  of  this 
library,  have  you  not?     Answer — Yes. 

Q.  You  know  Mr.  Wallis?     A.  Yes. 

Q.  He  used  to  be  in  the  library  when  vou  were  Librarian?  A. 
Yes.  ;^ 

Detention  mid  Opening  of  Letters. 

Q.  You  were  in  the  city  during  January  of  this  present  year,  were 
you  not?    A.  Yes. 

Q.  State  whether  during  the  month  of  January  you  ever  received 
a  letter  from  Mr.  Wallis  that  came  to  the  library  addressed  to  you  ? 
A.  I  did  not. 

Q.  You  say  you  did  not?    A.  No. 

Q.  A  letter  that  came  through  Wells,  Fargo  &  Co.  to  the  office 
here?    A.  No;  I  did  not. 

Q.  You  never  received  any  such  letter  at  all  ?     A.  No. 

Deportment  of  Librarian. 

Q.  Have  you  ever  heard  Mr.  Wallis  say  what  Miss  Patton  said  the 
reasons  were  why  she  was  removed  ?     A.  I  have. 
Q.  Where  was  that  conversation?    A.  It  was  in  the  Law  Librar3\ 
Q.  Who  was  present  at  that  time  ?    A.  Mr.  Gunn. 


38 

Q.  Aiiybod}"  else?     A.  Mr.  Church,  and  I  think  some  other  person. 

Q.  Was  it  spoken  in  a  voice  that  couhi  be  heard  by  persons  in  that 
room?     A.  In  any  part  of  the  room. 

Q.  What  did  he  say,  now,  that  Miss  Patton  said  as  the  reason  why 
he  removed  lier?  A.  I  will  not  answer  that  question  when  any 
ladies  are  present. 

Mr.  Johnson  objected  to  the  question,  as  irrelevant,  immaterial, 
incompetent,  not  responsive  to  any  of  the  issues  in  this  case,  and  not 
covered  by  any  of  the  charges  or  specifications  in  this  case. 

The  objection  was  overruled  by  the  Board. 

Mr.  HoLL — Answer  the  question  ?  A.  Well,  Mr.  Wallis  said  that 
Miss  Patton  was  telling  around  town  that  the  reason  why  he  removed 
her  was  that  he  wanted  to  sleep  with  her,  and  that  she  would  not  let 
him  do  it. 

Q.  You  say  that  he  stated  that  in  the  Law  Library?    A.  Yes. 

Q.  In  the  presence  of  a  number  of  persons?    A.  Yes. 

Q..  And  in  a  voice  loud  enough  for  persons  present  in  the  room  to 
hear  it?    A.  As  our  conversation  is  now. 

Q.  Do  you  know  whether  he  repeated  that  to  other  persons  at  other 
times?     A.  I  only  know  from  hearsay. 

Q.  Only  from  hearsay?     A.  Yes. 

Q.  Do  you  know  whether  he  made  that  statement  to  other  persons 
than  yourself?     A.  I  only  know  whether  he  did  from  hearsay. 

Q.  State  it?_ 

Question  objected  to  and  withdrawn. 

No  cross-examination. 


Mr.  HoLL — Mr.  Gunn,  will  you  come  forward  and  be  sworn? 

Mr.  Gunn — I  decline  to  be  sworn— ;I  am  an  interested  party;  I 
decline  to  be  sworn. 

Mr.  Edgerton — I  move  that  Mr.  Gunn  be  requested  by  this  Board 
to  take  the  witness  stand. 

The  motion  was  carried  unanimously. 

Mr.  Gunn — Mr.  Gunn  respectfully  declines. 

Mr.  Hinkson — We  are  desirous  that  Mr.  Gunn  will  go  on  the 
stand,  and  we  hope  that  he  will  reconsider. 

After  some  further  discussion  by  counsel  and  the  Board  Mr.  Gunn 
took  the  stand. 


Testimony  of  C.  E.  Gunn. 
Called  and  sworn  on  behalf  of  the  prosecution. 

Correspondence  of  Library. 

Mr.  HoLL — Is  there  a  book  kei)t  in  the  library  that  contains  the 
principal  correspondence  that  is  conducted  in  the  library?  A.  There 
is. 

Q,.  Will  you  please  bring  it? 

The  witness  produced  the  book. 


39 

Q.  Is  this  the  book — the  letter-book — tliat  contains  copies  of  the 
correspondence?    A.  Yes. 

Q.  How  long  has  this  been  kept  in  the  library?  A.  Something 
over  a  year;  I  think  about  a  year. 

Q.  How  long  have  you  been  in  the  library?  A.  Sixteen  or  seven- 
teen months. 

Q.  Have  you  the  book  that  contains  the  correspondence  prior  to 
this?    A.  No. 

Q.  In  whose  handwriting  are  the  letters  of  which  those  are  copies? 
A.  Some  of  them  my  own,  and  some  Mr.  Wallis'. 

Q.  Will  you  please  refer  to  some  of  those  that  are  in  Mr.  Wallis' 
handwriting? 

Mr.  Edgerton — What  is  the  object  of  this? 

Mr.  HoLL — The  object  of  this  is  to  show  that  Mr.  Gunn  does  all  of 
the  correspondence,  and  we  will  follow  it  up  by  proof  showing  that 
he  does  it  because  the  principal  is  incompetent  to  do  it. 

The  W^iTNEss— That  is  Mr.  Wallis'. 

Mr.  HoLL — Give  the  page?    A.  Page  24. 

Q.  Give  the  name  of  the  book  ?    A.  It  is  simply  marked  "Letters." 

Q.  AVhat  does  it  contain?  A.  It  contains  letters  and  correspond- 
ence with  various  parties. 

Q.  The  correspondence  of  the  library  ?    A.  Yes. 

Q.  Give  us  the  {)ages  where  there  are  copies?  A.  It  does  not  con- 
tain all  of  the  correspondence,  but  a  good  portion  of  it. 

Q.  Give  us  the  pages  upon  which  are  letters,  or  copies  of  letters,  of 
Mr.  Wallis'  correspondence  ?  A.  Pages  23,  24,  25,  82,  33,  41,  42,  46,  49, 
51,  53,  54,  55,  58,  59,  60,  61,  62,  67,  69,  and  70.  I  expect  I  ought  to  call 
attention  to  the  fact  that  Mr.  Wallis'  writing  takes  very  dimly,  and 
that  is  one  reason  why  I 

Q.  Nevermind  the  explanation  now?  A.  I  think  the  later  ones 
are  all  in  my  own  handwriting ;  I  do  not  see  any  others ;  I  think 
that  is  all. 

Q.  That  is  all?     A.  I  think  so  ;  I  may  have  overlooked  some. 

Q.  Is  there  any  book,  prior  to  that  time,  kept  in  the  library  ?  A. 
There  is  no  book  prior  to  that  time  kept. 

Q.  These  are  all  the  copies  of  letters  that  you  have  got?    A.  Yes. 

Q.  Now  the  gentlemen  want  you  to  explain.  Give  the  explana- 
tion that  you  were  going  to  make?  A.  The  explanation  is,  that  he 
writes  with  a  gold  pen  and  I  write  with  a  steel  pen,  and  the  letters 
are  clear-cut,  while  his  are  a  little  blurred,  and  the  consequence  is 
that  my  writing  takes  well  in  the  book  and  his  does  not.  Mine  is 
readily  read,  and  therefore  mine  generally  appears  in  here,  and  his 
does  not,  wiiere  we  require  copies  of  letters. 

Q.  Do  you  give  that  as  the  only  reason  why  so  many  letters  in 
this  book  are  in  your  handwriting?     A.  No;  there  is  another  one. 

Q.  What  is  that?  A.  He  frequently  gives  me  letters  to  copy,  writ- 
ten in  pencil. 

Q.  He  writes  in  pencil?  A.  I  do  not  say  he  always  does;  he  fre- 
quently does. 

Q.  Why  is  that  done,  do  you  know?  When  he  writes  with  a  pen- 
cil it  would  be  about  as  quick  to  write  them  with  a  pen.     Do  you 


40 

know  why  he  writes  them  in  pencil?  A.  I  can  hardly  say  that  I 
can  penetrate  the  secrets  of  another  man's  thoughts. 

Q.  Do  not  you  know?  A.  No;  I  do  not  know.  I  know  some- 
times he  does  write  with  a  pen  and  sometimes  he  does  not. 

Q,.  Now,  Mr.  Gunn,  when  you  receive  copies  written  in  pencil  by 
Mr.  Wallis,  do  you  copy  them  literally,  just  as  he  writes  them  ?  A. 
No. 

Q.  Do  you  use  the  same  words?    A.  No,  not  always. 

Q.  Do  you  use  the  same  words  and  the  same  sentences?  A.  No; 
if  I  think  I  can  improve  it  I  take  the  liberty  to  do  it. 

Q.  Do  you  frequently  improve  it?  A.  Well,  I  flatter  myself  that 
I  have  sometimes. 

Q.  Is  it  not  a  fact  that  you  very  often  do  it?  A.  As  I  say,  it  is  not 
a  very  frequent  occurrence  that  he  gives  me  letters  in  that  shape. 

Q.  As  a.  matter  of  fact,  do  not  you  correct  the  letters  when  they  are 
given  to  you  in  pencil?  Let  me  put  this  question  right  squarely  to 
you.  When  you  get  a  letter  in  pencil  from  Mr.  Wallis,  would  you 
send  that — a  literal  copy  of  it?     A.I  do  frequently. 

Q.  You  do  frequently?    A,  Yes. 

Q.  You  copy  them  literally?     A.  Yes. 

Q.  And  you  use  his  capital  letters?    A.  Yes. 

Q.  And  punctuate  it  as  he  does?  A.  Punctuation  I  do  not  know 
much  about;  I  am  not  very  particular  about  that  ftiyself. 

Q.  Sometimes  you  do  not  correct  the  spelling  or  the  grammar?  A. 
I  do  not  know  about  that;  I  never  pay  very  much  attention  to  spell- 
ing. 

Q.  In  conducting  correspondence  with  foreign  governments  you 
are  somewhat  i^articular?     A.  Yes;  certainly. 

Q.  You  do  not  send  letters  with  words  that  are  mispelled — pal- 
pable errors  in  orthography?     A.  No. 

Q.  Do  not  you  frequently  find  it  necessary  to  correct  the  spelling 
of  Mr.  Wallis?    A.  Once  in  awhile  a  word  is  mispelled. 

Q.  Is  it  frequently,  or  once  in  awhile?     A.  It  is  not  frequently. 

Q.  Can  you  state  to  this  Board  that  you  ever  wrote  a  single  letter 
■Written  by  Mr.  Wallis  that  you  made  absolutely  a  literal  copy  of  and 
did  not  correct  any  portion  of  it?  A.  I  think  I  have;  I  could  not 
testify  to  that. 

Q.  You  can  testify  whether  you  have  or  not?    A.  No;  I  could  not. 

Q.  Well,  as  to  your  best  judgment?    A.  I  think  I  have. 

Q.  How  many?  A.  Well,  that  I  cannot  tell,  for  I  do  not  know 
whether  I  have  or  not.  It  would  be  very  singular  for  me,  then,  to 
testify  as  to  how  many.     It  is  my  best  judgment  that  I  have. 

Q.  You  would  not  be  willing  to  state  as  a  positive  fact,  that  that  is 
true.    It  is  simply  your  best  judgment?    A,  No;  I  would  not. 

Q.  As  to  the  number  of  such  letters,  of  course,  you  have  no  idea  as 
to  whether  there  were  one  or  two  or  half  a  dozen?  A.  No;  I  could 
not  state. 

Q.  Now,  what  is  your  position  in  this  library ;  what  are  your  duties 
in  this  library? 

Mr.  Johnson  objected  to  the  question,  as  irrelevant,  immaterial,  and 
incompetent,  and  the  objection  was  sustained. 


41 

Mr.  HoLL — You  hold  a  position  in  this  library?     A.  Yes. 

Q.  What  is  the  title  of  the  position — what  relation  do  you  sustain 
to  it?    A.  Deputy  Librarian. 

Q.  As  such  do  you  have  any  duties  that  are  allotted  to  you  as 
deputy  in  the  library? 

Same  objection — sustained. 

Q.  Now,  then,  is  the  duty  of  conducting  the  correspondence  of  this 
library  delegated  by  your  chief  to  you?     A.  No. 

Q.  It  is  not?     A.  No. 

Q.  Then  are  there  any  other  particular  duties  in  the  library  dele- 
gated to  you? 

Same  objection — sustained. 

Q.  Tell  this  Board  why  you  conducted  the  larger  part  of  this  cor- 
respondence? A.  Because  he  would  bring  some  letters  into  my 
room,  the  Law  Library,  and  I  would  read  them  over,  and  he  would 
say  that  he  wanted  such  and  such  an  answer,  and  I  answered  them, 
or  if  he  wanted  such  and  such  a  letter  written  I  would  write  it  when 
he  requested  me  to,  but  I  did  not  understand  that  this  was  my  duty. 

Q.  You  did  it  because  he  requested  you  to  do  it?    A.  Yes. 

Q.  Now,  did  that  occur  at  times  w'hen  he  was  employed  in  other 
business,  so  that  he  could  not  himself  attend  to  it?  A.  Well,  usually, 
he  has  something  else  on  hand. 

Q.  Now  I  want  you  to  state  the  facts  to  this  Board?  A.  I  really 
do  not  know,  because  I  occupied  one  side  of  the  building  and  he  the 
other.     I  do  not  know  what  he  was  doing  in  there. 

Q.  Do  you  know,  as  a  matter  of  fact,  from  your  own  observation, 
and  your  conversations  with  Mr.  Wallis  upon  this  subject,  do  you 
not  know  that  he  brings  a  great  deal  of  this  correspondence  to  you 
because  he  considers  himself  not  qualified  to  conduct  it?  A.  No;  I 
do  not  think  he  brings  it  for  that  reason. 

Q.  Now,  do  not  j'ou  think  that?     A.  No. 

Incompetency  of  Librarian. 

Q,.  Now,  Mr.  Gunn,  your  duty,  as  you  have  stated,  is  in  the  Law 
Library?     A.  I  am  usually  there. 

Q.  Are  you  sometimes  called  into  the  general  library  for  the  pur- 
pose of  ascertaining  whether  you  could  find  books  in  that  depart- 
ment?    A.  Once  in  awhile;  not  very  often. 

Q.  Have  you  been  referred  to  by  Mr.  Wallis,  your  superior,  to 
ascertain  whether  such  and  such  books  were  in  the  library  ?  A.  No,  I 
do  not  think  by  Mr.  Wallis;  I  do  not  recollect  any  time  that  I  have. 

Q.  You  do  not  remember  that?     A.  No. 

Q.  Being  in  the  library  there  so  much,  do  you  know  whether  Mr. 
Wallis  is  fully  acquainted  with  tlie  condition  of  the  library  so  as  to 
be  able  to  tell  people  what  works  he  has  upon  difi'erent  branches  of 
learning?  A.  Well,  I  do  not  know  that  I  have  ever  seen  him  tested 
in  that  way,  but  as  to  knowing  where  books  are,  when  asked  for,  he 
knows  very  accurately. 

Q.  He  knows  the  case?    A.  Yes. 

Q.  When  people  come  in  there  and  ask  him  if  he  has  a  work  on  a 

6 


42 

subject,  naming  it,  does  he  know  enougli  about  the  library  to  know 
whether  he  has  it  or  not?  A.  In  the  general  department  I  cannot 
say  that  I  have  ever  heard  the  question  asked. 

Q.  Have  ever  persons  come  to  you  and  asked  you  whether  you 
knew  if  such  and  such  books  were  in  the  miscellaneous  library?  A. 
Yes,  sometimes. 

Q.  At  times  when  Mr.  Wallis  himself  was  in  the  library?  A.  Yes, 
I  think  so. 

Deportment  of  Librarian. 

Q.  Have  you  ever  observed  Mr.  Wallis  when  visitors  came  into 
your  library — did  you  ever  observe  his  conduct  in  reference  to  show- 
ing people  through  the  library  and  informing  tliem  as  to  what  he  has 
there  to  show?     A.  I  have  seen  him  frequentl3^ 

Q.  Have  you  been  with  him  through  the  library  to  observe  the 
manner  in  which  he  would  show  people  around?  A.  If  he  went 
with  the  visitors,  certainly  I  did  not. 

Q.  Did  you  sometimes  go?    A.  Sometimes. 

Q.  Did  you  go  when  he  was  there?     A.  Yes. 

Q.  Did  you  ever  go  with  them  for  the  purpose  of  keeping  Mr.  Wal- 
lis from  going  with  them  himself?     A.  No. 

Q.  Did  you  ever  do  that?  A.  No.  I  do  not  hanker  after  that  kind 
of  a  job. 

Q.  I  do  not  suppose  you  do.  The  question  I  want  you  to  answer 
is,  whether,  from  your  observation  and  knowledge  of  Mr.  Wallis, 
and  the  manner  in  which  he  conducts  the  librarj^  you  have  taken 
upon  yourself  at  times  to  show  people  through  the  library  because 
you  believed  you  could  do  it  better  and  more  satisfactorily  than  Mr. 
Wallis?     A.  No;  I  do  not  know  that  I  arrogate  to  myself  that. 

Q.  Did  you  ever  talk  with  people  about  that  matter  ?  A.  I  think 
possibly  I  have. 

Q.  You  think  you  have?  A.  Yes;  I  think  I  have  criticised  some 
ways  that  Mr.  Wallis  had  in  reference  to  that. 

Q.  You  have  criticised  him  to  the  extent  of  saying  that  you  did 
not  think  that  he  had  the  qualifications 

Mr.  Johnson  objected  to  the  question,  as  irrelevant,  immaterial, 
incompetent,  and  leading,  and  that  the  witness  has  made  the  state- 
ment that  he  has  not. 

Mr.  HoLL — What  has  been  the  subject  of  these  critical  remarks  on 
that  matter? 

Mr.  Johnson  objected,  on  the  same  ground. 

Mr.  Edgerton — Let  him  state  the  conduct  that  he  criticised?    * 

A.  Well,  when  I  first  came  here,  before  I  was  much  acquainted 
with  Mr.  Wallis,  I  think  criticisms  weie  made  at  that  time;  I  know 
there  were.  I  thought  at  that  time  that  there  were  times  when  he 
was  exceedingly  nervous,  and  I  sometimes  laughed  about  it  and  crit- 
icised it.  He  has  sometimes  a  nervous  manner  of  conducting  vis- 
itors rapidly  from  one  place  to  another.  That  is  about  the  extent  of 
my  criticism. 

Mr.  HoLL — Now,  have  not  you  taken  his  place  verv  frequently  in 
that  matter?     A.  I  do  not  think  I  have. 

No  cross-examination. 


43 

Mr.  HoLL — We  offer  that  letter-book  in  evidence  before  tlie  Board. 
It  was  referred  to  in  the  evidence  of  Mr.  Gunn. 

Tiie  Board  adjourned  to  further  hearing,  until  to-morrow  morning, 
at  nine  o'clock. 


On  Wednesday,  September  5,  1883,  the  following  additional  testi- 
mony was  taken  before  the  Board  : 

Mr.  Edgkrton  read  a  note  from  Mr.  Freeman,  stating  that  he  had 
been  suddenly  called  to  San  Francisco  because  of  the  death  of  his 
brother-in-law. 

Mr.  Edgerton  was  unanimously  elected  as  the  temporary  presid- 
ing ofticer  of  the  Board,  and  it  was  understood  by  both  parties  that 
Trustees  Freeman  and  Belcher  will  participate  in  the  final  deter- 
mination of  the  matter,  and  that  the  testimony  as  transcribed  by  the 
Official  Reporter  will  be  submitted  to  them. 


Testimony  of  Miss  M.  A.  Patton. 

jC^^alled  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL— Your  name  is  Miss  M.  A.  Patton?     Answer— Yes. 

Q.  State  how  long  you  have  been  connected  with  the  library?  A. 
I  came  into  the  library  the  first  of  May,  1882,  and  I  was  employed 
to  the  thirty-first  of  July. 

Q.  State  whether  you  have  been,  during  that  time,  all  the  time  em- 
ployed in  the  library,  and  if  so,  in  what  capacity?  A.  Since  that 
time  as  Assistant  Librarian  or  Deputy  Librarian. 

Q.  You  were  then  in  the  library  during  the  last  session  of  the 
Legislature?    A.  Yes. 

Drinking  and  Smoking. 

Q.  State  now  to  this  Board  what  you  know,  if  anything,  in  refer*- 
ence  to  the  library,  or  portions  of  it,  being  used  for  the  purpose  of 
drinking  liquor  and  using  tobacco  ;  state  just  what  you  know  about 
it  from  your  own  observation  ?  A.  I  know  that  there  was  consid- 
erable drinking  in  the  private  office,  in  that  part  of  the  library  ;  I 
saw  there  several  demijohns  that  were  sitting  around  ;  they  were 
sometimes  in  my  way  when  doing  my  work, and  it  was  one  time  only 
that  I  saw  one  carried  in  ;  that  was  a  very  large  demijohn  of  four 
gallons;  very  frequently,  indeed,  I  saw  persons  in  there  drinking. 

Q.  First  tell,  as  to  this  place,  where  these  demijohns  were ;  who 
used  that  place  as  regards  persons  employed  about  the  library?  A. 
Weil,  all  persons  were  likely  to  go  in  there;  my  duty  there  was  to 
put  away  the  papers  every  morning  ;  the  daily  papers. 

Q.  That  was  the  part  of  your  duty  that  took  you  into  that  place? 
A.  Yes. 

Q.  And  in  reference  to  making  it  a  convenience  for  your  lunch- 
basket  and  hat?    A.  It  was  in  his  office  w^here  these  demijohns  were. 


44 

Q.  I  am  asking  as  to  the  place,  as  to  what  use  you  made  of  it,  if 
anj'?  A.  Yes,  I  used  it  for  my  lunch-basket,  and  my  wraps,  and  I 
was  frequently  called  in  there  for  various  purposes. 

Q.  Was  the  waslistand  in  there  ?    A.  Yes. 

Q.  Now,  just  state  to  the  Board  when  you  first  observed  that  there 
were  any  considerable  quantities  of  liquor  used  in  there?  A.  It  was 
during  the  session  of  the  Legislature  that  I  first  observed  it. 

Q.  The  beginning  or  the  latter  part  of  it?  A.  Well,  it  was  not 
right  at  the  beginning,  but  it  increased,  and,  at  the  latter  part  there 
was  a  great  deal  more  of  it  than  at  the  first;  in  the  early  part  I  ob- 
served it  to  a  certain  extent,  but  towards  the  latter  part  there  was  a 
great  deal  more  drinking  than  in  the  early  part  of  the  Legislature. 

Q.  You  speak  of  demijohns  being  in  there ;  how  many,  and  what 
sizes  were  those  demijohns;  how  much  would  they  contain?  A.  I 
remember  a  four-gallon  demijohn,  and  a  two-gallon  demiiohn,anda 
one-gallon  demijohn. 

Q.  Three  of  them?     A.  Yes,  three  of  them. 

Q.  They  were  kept  in  this  place  ?    A.  Yes. 

Q.  In  that  part  of  the  library?    A.  Yes. 

Q.  Go  on  and  state  to  the  Board  the  extent  to  which  that  room 
was  used  as  a  place  for  drinking;  state  it  in  your  own  way,  as  to 
what  you  observed,  and  as  to  how  frequently  people  would  go  in 
there,  and  as  to  the  number  of  people  that  you  would  see  in  there? 
A.  Well,  I  observed  that  they  would  go  in,  three  or  four  together, 
and  it  was  an  hourly  occurrence  during  the  latter  part  of  the  Legis- 
lature, persons  would  go  in  the  office ;  I  have  gone  there  for  my  hat 
and  wraps  when  I  would  have  to  withdraw. 

Q.  On  account  of  what  ?     A.  On  account  of  the  drinking. 

Q.  On  account  of  the  room  being  full  of  men  drinking  there  ?  A. 
Yes. 

Q.  During  what  length  of  time  did  that  continue;  you  say  that  at 
first  it  was  not  so  much  a  custom  to  use  that  room  for  that  purpose; 
during  the  latter  part  of  the  session,  how  many  weeks,  or  how  many 
days,  did  this  continue;  this  going  into  that  place  hourly,  as  you 
express  it;  how  many  days  or  weeks  did  that  continue?  A.  It  con- 
tinued until  the  close  of  the  Legislature. 

Q.  Through  how  many  weeks  before  the  close  of  it  had  it  become 
so  that  it  was  a  regular  resort?  A.  Well,  I  should  say  the  last  month 
of  the  Legislature. 

Q.  Now,  during  that  last  month  of  the  session  of  the  Legislature, 
how  frequently  during  the  day,  for  instance,  would  men  go  iiiXo  that 
room,  and  what  number — I  mean  into  that  portion  of  the  library? 
A.  Well,  they  went  in  verj'^  frequently.  I  could  not  say  just  how 
many  I  would  see  go  in  there  during  a  day,  but  it  was  a  very  large 
number  of  persons.  If  I  had  kept  an  account  of  the  persons  that 
went  in  there  during  a  day  it  would  be  a  very  large  number,  because 
they  went  in  frequently  in  twos,  threes,  and  fours  together. 

Q.  How  many  did  you  see  enter  together  at  any  one  time?  A. 
From  eight  to  ten  is  the  largest  number  I  ever  saw  enter  it  at  any 
one  time. 


45 

Q.  You  say  that  you  think  that  there  were  as  many  as  eight  or  ten 
at  a  time?    A.  Yes. 

Q.  Entered  at  one  time?     A.  Yes. 

Q.  What  were  the  facts  in  reference  to  smoking — filling  the  room 
with  tobacco  smoke  ?     A.  Well,  there  was  considerable  smoking,  too. 

Q.  Was  it  a  matter  of  frequent  occurrence  that  3''ou  had  occasion 
to  go  there,  when  you  did  not  go  there  on  account  of  the  room  being 
full  of  men  drinking?     A.  It  did  not  occur  but  a  few  times. 

Q.  How  did  the  men  go  in  there;  which  way  did  they  go  into 
that  part  of  the  library?     A.  Through  the  general  library. 

Q.  Through  the  general  entrance  to  the  librarj'  ?     A.  Yes.        ' 

Q.  Would  they  retire  and  go  out  that  way?     L.  Yes. 

Q.  How  many  times  did  you  see  liquor  taken  into  that  library — 
into  that  portion  of  it?    A.  Only  once  I  saw  it  brought  in  there. 

Q.  How  was  it  then  taken  in?  A.  Through  the  entrance  to  the 
office — to  the  private  office. 

Q.  Through  the  private  office?    A.  Yes. 

Q.  How  was  it  taken  in?  A.  It  was  carried  in  by  a  gentleman, 
but  I  do  not  know  who  he  was.  It  was  early  in  the  morning  when 
he  brought  it  in.     I  do  not  know  who  he  was. 

Opening  and  Detention  of  Letters. 

Q.  You  were  in  the  library  in  January  of  this  year?    A.  Yes. 

Q.  State  what  you  recollect  about  a  letter  being  brought  into  the 
library  addres%ed  to  Hon.  R.  O.  Cravens,  if  you  recollect  anything  of 
such  a  circumstance?  A.  I  recollect  one  morning  being  in  the 
office,  and  as  near  as  I  can  tell  the  date,  it  was  the  twentj^-first  of 
January.  It  was  near  that  time.  I  was  at  my  table,  and  a  Wells, 
Fargo  messenger  came  in  with  a  letter  in  his  hand,  and  I  arose  from 
the  table  and  stepped  forward  and  received  the  letter.  On  looking 
at  it,  I  noticed  that  it  was  addressed  to  Hon.  R.  O.  Cravens.  I  heard 
Mr.  Wallis  coming  from  the  Law  Library,  and  I  stepped  on  down  and 
said  to  Mr.  Wallis,  "Here  is  a  letter  for  Mr.  Cravens  that  has  been 
left  here,"  and  he  passed  on  into  his  office,  and  I  went  back  to  my 
table.  In  a  short  time  after  that  I  went  into  Mr.  Wallis'  private 
office  to  ask  him  some  trivial  question  about  some  matters  in  regard 
to  the  library,  and  he  was  sitting  at  his  table  writing,  and  he  said  to 
me,  after  I  had  asked  this  question,  he  said,  "I  just  threw  that  letter 
into  the  fire  that  was  left  here  for  Mr.  Cravens.  I  am  not  going  to 
keep  an}'  more  of  his  letters  or  take  care  of  them." 

Q.  State  whether  or  not  a  letter  came  to  the  library  some  time  in 
Februar\%  addressed  to  you,  that  had  been  tampered-  with,  and  if  so, 
state  all  the  circumstances  in  reference  to  that  letter?  A.  On  the 
twenty-fourth  of  February,  Mr.  Wallis  sent  me  word  that  there  were 
<hree  letters  and  a  package  in  the  library  for  me.  He  sent  word  by 
my  mother,  having  met  her  at  Mrs.  Armstrong's. 

Q.  Where  were  yo'u  then?  A.  I  was  at  home;  it  was  when  I  was 
sick,  and  I  was  not  in  the  library.  My  mother  came  back  and  told 
me,  and  I  got  a  gentlemen  to  go  over— sent  a  gentlemen  over — to 
the  library  to  bring  me  my  mail.     On  opening  one  of  those  letters  I 


46 

discovered  that  the  seal  had  been  broken.  I  will  not  say  that  this 
has  been  done  by  any  one  intentionally;  it  might  possibly  have 
been  done  by  the  writer  having  opened  it  after  writing  the  letter.  I 
wanted  some  one  else's  opinion  as  well  as  my  own  to  know  whether 
that  seal  had  been  broken,  so  I  showed  that  envelope  to  three  or  four 
different  persons  and  asked  them  their  opinion  as  to  the  seal  having 
been  broken. 

Q.  Who  are  they?  A.  I  showed  it  to  Mr.  Maslin — Mr.  S.  P.  Mas- 
lin  ;  also  to  Mr.  R.  M.  Clarken  and  to  Mr.  C.  E.  Gunn. 

Q.  You  say  that  you  were  notified  that  the  letter  was  in  the  office  ? 
A    Yes 

Q.  By  Mr.  Wallis?    A.  Yes. 

Q.  What  were  the  marks  upon  the  letter — the  indications  that  it 
had  been  opened? 

Mr.  Johnson — We  would  like  to  see  that  letter.  The  letter  itself 
is  the  best  evidence,  and  we  object  unless  they  show  the  letter. 

The  Board  sustained  the  objection. 

Mr.  HoLL — State  what  became  of  that  letter,  as  far  as  you  know; 
what  became  of  the  letter  and  the  envelope?  A.  Well,  I  gave  it  to 
Judge  HoU — the  envelope,  and  a  portion  of  it  that  I  had  still  in  my 
possession. 

Q.  State  whether  that  is  a  portion  of  the  letter  [handing  a  paper 
to  the  witness]?    A.  Yes;  I  recognized  it  at  once. 

Q.  Just  state  how  it  happened  to  be  in  the  condition  in  which  it  is 
now?  A.  I  wished  to  send  it  to  the  writer  of  the  letter,  and  as  I  only 
had  a  small  envelope  at  the  house  I  cut  it  down  to  s^d  it  and  sent 
that  portion. 

Q.  State  whether  that  is  in  the  condition  that  it  was  at  the  time 
you  received  the  letter — the  indications  there? 

Mr.  Johnson  objected, as  immaterial, irrelevant,  incompetent;  and 
further,  that  the  witness  has  testified  that  she  has  herself  intention- 
ally destroyed  and  mutilated  this  piece  of  evidence,  and  therefore 
she  is  not  entitled  to  give  testimony  in  relation  to  it;  she  is  not  enti- 
tled to  give  testimony  in  relation  to  this  until  she  produces  it  all. 

Mr.  Edgerton — The  Board  are  unanimously  of  the  opinion  that 
the  testimony  is  admissible.  It  does  not  appear  at  this  stage  of  the 
examination  that  this  lady  destroyed  this  or  mutilated  this  paper  for 
the  purpose  of  manufacturing  testimonj'.  The  testimony  is  admis- 
sible, subject  to  her  explanation  of  the  mutilation.  The  objection  is 
therefore  overruled. 

Mr.  HoLL — Now,  look  at  it  and  just  state?  A.  Yes;  that  is  the 
condition  it  was  in  when  I  received  it. 

Q.  Now,  state  how  you  opened  the  letter  when  you  received  it;  in 
what  manner  and  how  you  observed  it  or  discovered  it? 

Mr.  Johnson — I  desire  to  add  to  the  objection  that  this  is  not  all 
of  the  envelope,  and  that  the  balance  of  the  envelope  is  in  her  pos-* 
session. 

Mr.  HoLL — The  portion  you  had  is  the  portion  you  gave  to  me? 
A.  Yes. 

Mr.  Edgerton — Do  you  mean  to  state  that  you  have  the  remainder 


47 

of  tliat  envelope?    A.  No,  I  do  not;  my  answer  was  that  the  portion 
tliat  I  had  in  my  possession  I  gave  to  Judge  Holl,  and  tiiat  is  it. 

Q.  This  is  the  portion?    A.  Yes. 

Q.  The  rest  of  it  is  not  in  your  possession;  do  you  know  where  it 
is?    A.  After  I  cut  it  off  I  did  not  keep  any  track  of  it  at  all. 

Mr.  Holl — Now  there  is  a  sealed  envelope;  just  show  to  the  Board 
of  Trustees  how  you  opened  that  letter,  and  how  you  discovered 
that?  A.  The  envelope  had  a  stamp  on.  There  was  a  stamp  on  the 
envelope  here  [indicates],  and  it  stiffened  the  paper  a  little,  and  in 
opening  it  I  held  it  in  my  hand  this  way  [indicates],  and  the  way  I 
opened  it,*it  tore  right  around  the  stamp. 

Q.  Tearing  the  stamp  off?  A.  In  taking  hold  of  it  I  took  hold  of 
it  that  way  [indicates],  and  it  tore  it  in  that  way.  That  is  the  way  I 
happened  to  discover  it,  and  this  is  the  portion  of  the  envelope  that 
looked  a  little  strange  to  me  [indicates].  Then  I  tore  it  off  in  that 
way,  to  look  underneath  at  the  seal,  and  this  is  the  seal  of  the  enve- 
lope. 

Q.  That  is  at  present  in  the  condition  in  which  it  was  after  you 
tore  off  the  other  end  of  it?    A.  Yes. 

Mr.  Edgerton — Is  it  possible  that  you  might  have  torn  that  your- 
self down  there  when  you  opened  it?  A.  I  do  not  see  how  it  is  pos- 
sible. 

Q.  You  do  not  think  it  is  possible?  A.  No;  I  do  not  think  it  is 
possible  at  all. 

Mr.  Holl — Take  that  envelope  and  satisfy  yourself  whether  you 
could  have  torn  it  in  that  way,  and  how  you  could  do  it  without 
knowing  it.  Take  that  envelope.  How  could  you,  by  tearing  off 
this,  as  you  have  shown — how  could  you  have  torn  that  part  of  it 
without  knowing  whether  you  did  it  or  not?  A.  No;  certainly  not. 
I  do  not  think  it  is  possible.    Of  course  it  is  not  possible. 

Q.  When  you  exhibited  this  letter  to  the  gentlemen  you  have 
named,  was  the  envelope  complete  then,  except  the  tearing  that  you 
had  done?  A.  No;  I  had  cut  it  off  to  send  it  away,  I  think,  before 
I  showed  it  to  any  one. 

Q.  Before  you  showed  it  to  any  one  ?  A.  Yes ;  I  think  it  was  in 
that  condition  when  I  showed  it  to  the  gentlemen — in  the  condition 
it  is  in  now. 

Q.  Where  did  that  letter  come  from  ?  A.  That  letter  came  from 
San  Jose. 

Q,.  Who  wrote  it?    A.  Mr.  Owen. 

Q,.  Did  you  learn  yourself  of  Mr.  Owen  after  you  cut  it  in  that  way — 
did  you  send  it  back  to  him  or  did  you  not?  A.  No;  I  did  not 
send  it.  After  cutting  it  off  to  send  it  I  concluded  that  I  would  keep 
it  myself. 

Q.  You  did  not  return  it?    A.  I  did  not  return  it. 

Q.  What  was  your  object  in  cutting  off  the  portion  of  the  envelope 
that  is  not  now  here ;  did  you  have  any  other  reason  than  because  it 
was  too  large  to  go  in  the  envelope  that  you  wanted  to  inclose  it  in  ? 
A.  No;  there  was  no  special  reason,  only  it  was  considerably  torn 
on  the  outside  of  the  envelope,  and  it  would  take  room,  and  it  would 


48 

have  to  be  folded  in,  and  I  thought  that  was  all  I  wanted  to  show 
him. 

Q.  Was  there  any  other  reason  than  that  that  you  had?  A.  No; 
that  is  all. 

Q.  State  whether,  on  or  about  the  second  day  of  April  of  this  year,  a 
letter  came  through  Wells-Fargo's  Express  office  to  the  library 
addressed  to  you,  and  what  the  facts  were  with  regard  to  that  letter 
being  delivered  to  you?  A.  On  the  morning  of  the  third  of  April, 
when  I  came  into  the  library  I  found  a  Wells-Fargo  letter  laying  on 
my  table.  On  opening  that  letter  I  found  that  I  should  have  received 
it  the  day  before — twentj^-four  hours  earlier  than  I  did.  T  went  into 
the  Law  Library  and  called  Mr.  Gunn  and  Mr.  Frank  Freeman,  and 
I  said 

Mr.  Johnson— Was  Mr.  Wallis  there  ?    A.  No. 

Mr.  Johnson — AVe  will  make  no  objection  to  it. 

A.  I  wanted  to  find  out  what  was  the  cause  of  the  delay ;  whether 
the  delay  had  been  here  in  the  library  or  in  the  deliver}^,  and  that 
was  why  I  went  to  Mr.  Frank  Freeman  and  Mr.  Gunn.  I  said  to 
Mr.  Freeman,  "Did  you  lay  a  letter  on  my  table?"  He  said  "  No." 
He  said  that  I  need  not  ask  him  any  questions;  that  he  was  not 
going  to  criminate  anybody.  I  found  out  that  he  had  not  laid  it 
there,  so  I  went  down  to  the  Secretary  of  State's  office  and  telephoned 
down  to  Wells-Fargo,  stating  that  I  had  received  a  letter  that  should 
have  been  delivered  to  me  sooner,  and  I  wanted  to  know  the  cause 
of  the  dela3^  They  telephoned  back  to  me  that  the  messenger  was 
not  in  and  they  could  not  tell  me.  Between  twelve  and  one  o'clock 
on  that  day  I  called  at  Wells-Fargo's  office  and  saw  the  messenger 
boy,  and  he  told  me  that  he  had  delivered  my  letter  on  Monday 
morning,  the  second  of  April. 

Mr.  HoLL — To  whom  ?  A.  He  did  not  there  tell  me  to  whom.  I 
came  back  to  the  library  and  I  asked  Mr.  Wallis  why  it  was  he  had 
not  delivered  the  letter  to  me  the  day  before,  and  he  said  "I  know 
nothing  about  your  letter."  I  then  went  down  to  the  Secretary  of 
State's  office  and  telephoned  to  the  messenger — had  a  telephone  sent, 
rather — ''To  whom  was  my  letter  delivered  yesterday  morning,  and 
at  what  hour?"  They  answered,  "At  nine  o'clock,  to  Mr.  Wallis,  in 
his  office,  sitting  at  his  table." 

Q.  What  time  did  you  say  you  received  that  letter?  A.  I  re- 
ceived  

Q.  As  compared  to  the  time  when  you  were  informed  that  it  had 
been  delivered  to  Mr.  Wallis  sitting  at  his  table?  A.  It  was  twenty- 
four  hours  later  before  I  received  it. 

Q.  Twenty-four  hours  after  that  ?     A.  Yes. 

Q.  Did  you  ever  ascertain  who  laid  that  letter  on  your  table?  A. 
Well,  I  believe  Mr.  Brown  afterwards  told  me  that  he  laid  it  on  my 
table. 

Q.  Who  was  Mr.  Brown?  A.  Well,  he  was  a  gentleman  that  was 
around  the  library  a  good  deal,  and  he  used  to  work  for  Mr.  AVallis 
I  think.  I  do  not  know  whether  he  was  employed  by  the  Trustees 
to  do  anything  or  not,  but  I  know  he  was  around  here  a  good  deal. 

Q.  Just  state   what  Mr.  Brown  said   about   the  letter,  and  what 


49 

occurred,  if  artything,  in  reference  to  Mr.  Wallis  and  others  talking 
about  that  letter,  and  what  you  know  about  Mr.  Wallis  asking  Mr. 
Brown  as  to  what  he  knew  about  that  letter.  State  the  whole  cir- 
cumstance. 

Question  objected  to  and  withdrawn. 

Q.  State  what  you  heard  Mr.  Wallis  say,  if  anything,  or  what  ques- 
tion he  asked  Mr.  Brow^n  in  reference  to  that  letter?  A.  I  do  not 
know  what  question  he  asked  Mr.  Brown.  I  know  he  called  him 
into  his  office.  I  know  Mr.  Brown  went  into  his  office,  and  the  door 
was  locked — closed. 

Q.  What  time  was  this  as  regards  your  receiving  the  letter?  A.  It 
was  in  the  afternoon  after  I  had  telephoned  down  the  last  time. 

Q.  Had  you  talked  with  Mr.  Wallis  then  at  that  time  about  the 
letter?    A.  Yes. 

Q.  Had  you  had  any  controversy  with  him  about  the  letter  not 
being  delivered  in  time?    A.  Yes. 

Q.  There  was  some  little  difficulty  about  it?    A.  Yes. 

Q.  Then  what  occurred  ?  You  say  he  called  Mr.  Brown  into  his 
office.  Just  state,  now,  what  there  was  peculiar  about  the  matter  of 
his  calling  Mr.  Brown  into  his  office,  as  far  as  you  know?  A.  I  know 
that  he  called  Mr.  Brown  in,  and  the  door  was  closed  and  locked, 
and  Mr.  Brown  came  out  of  his  office — out  of  the  other  door  opening 
into  the  hall,  and  came  back  into  the  library  at  the  front  door,  and 
Mr.  Wallis  opened  the  door  of  his  office  and  called  to  Mr.  Brown  as 
he  came  in — "  Did  you  see  any  letter  laying  around  here  for  Miss 
Patton?"  He  said:  "Yes;  I  saw  one  and  laid  it  on  her  table  this 
morning."  Mr.  Wallis  said :  "  You  hear,  Miss  Patton,  that  Mr.  Brow'n 
laid  your  letter  on  your  table?"  I  said  I  thought  that  it  was  a  very 
strange  proceeding. 

Q.  Just  before  that  occurred  you  say  Mr.  Brown  went  into  Mr. 
Wallis'  office  and  the  door  was  locked? 

Mr.  Johnson — She  has  answered  that  question. 

Mr.  HoLL — Which  way,  then,  did  Brown  leave  the  office?  You 
mean  that  Mr.  Brown  must  have  gone  out  through  the  door  that  goes 
into  the  corridor?  A.  Yes;  there  is  no  other  way  for  him  to  get  out 
of  there. 

Q.  And  then  returned  through  the  other  door?     A.  Yes. 

Q.  How^  soon  was  that  after  he  went  into  the  office  when  the  door 
was  locked?    A.  Not  to  exceed  fifteen  minutes. 

Q.  What  was  the  custom  in  the  library  as  to  the  delivery  of  letters? 
To  whom  were  they  delivered,  and  how  were  they  distributed  around 
among  the  employes  of  the  librarj^ — the  mail  that  came  there?  A. 
The  mail  that  came  when  we  were  not  here  was  generally  left  in 
the  office  until  we  came. 

Q.  Just  explain  where  it  was  left,  whether  there  was  any  place 
that  3^ou  could  go  and  look  for  your  mail?  A.  Sometimes  it  was  left 
on  the  table,  and  at  other  times  it  was  in  the  delivery  box  at  the  side 
of  the  door. 

Q.  On  this  morning,  before  you  found  the  letter  on  your  table,  did 
you  look  for  any  mail  in  the  library  for  you — any  letters?    A.  Yes; 


50 

when  I  came  on  Monday  morning  I  looked  in  the  box,  and  looked 
around  on  the  table,  and  on  the  high  table  that  stands  there  also,  to 
see  if  there  was  any  mail  for  me,  as  it  was  Monday  morning  and  I 
had  not  heard  from  the  Post  Office  over  Sunday,  and  I  found  none. 

Q.  Were  those  the  places  where  the  mail  was  usually  left  if  any 
was  received?     A.  Yes. 

Q.  Did  you  look  at  all  the  places  where  you  would  usually  find 
your  letters?    A.  Yes. 

Q,.  And  that  Monday  morning  was  the  morning  that  you  learned 
that  the  letter  was  delivered  to  Mr.  Wallis?    A.  Yes. 

Deportment  of  Librarian. 

Q.  You  stated  in  the  first  of  your  testimony  that  you  had  been  in 
the  library  for  how  long?    A.  Since  May  1,  1882. 

Q.  Over  a  year?    A.  Yes. 

Q.  Of  course  you  were  during  that  time  most  of  the  time  in  the 
library,  were  you?    A.  Yes. 

Q.  You  saw  a  great  deal  of  Mr.  Wallis  while  you  were  in  that  posi- 
tion ?  A.  Yes;  I  saw  him,  of  course,  all  the  time  that  he  was  in  the 
library. 

Q.  State  what  you  know,  from  your  observation,  in  reference  to 
Mr.  Wallis  indulging  in  loud  and  unseemly  talk  in  the  library,  as  to 
whether  it  was  such  conversation  as  attracted  the  attention  of  peo- 
ple? A.  Well,  he  has  a  very  loud  voice  and  he  used  it  around  the 
library  in  the  same  loud  tone  that  he  usually  does,  and  it  was  com- 
mented upon  very  frequently. 

Q.  Can  you  give  an}^  instances  particularly  ?  A.  I  remember  of 
one  instance,  in  particular,  when  he  was  in  the  Law  Library,  and  he 
was  talking  very  loud,  and  on  a  rather  disagreeable  matter,  and  a 
lady  was  sitting  by  the  side  of  me,  and  she  said,  "  Is  not  that  awful  ?" 

Q.  State  what  you  know,  if  anything,  in  reference  to  his  general 
conduct  in  reference  to  matters  pertaining  to  the  library,  and  his 
disposition  to  interrupt  you  in  your  business,  or  at  times  when  you 
were  engaged  in  proper  subjects  about  the  library  with  people,  as  to 
his  conduct  towards  you  in  those  matters — not  as  to  you,  particu- 
larly, but  generally  as  to  his  conduct?  A.  Well,  he  seemed  to  be 
very  prying  in  his  disposition,  and  very  frequently  would  intrude 
himself  when  I  was  talking  to  strangers,  persons  visiting  the  library. 

Q.  In  what  way?  Explain  that  fully,  how  that  came  about,  as 
far  as  you  can?  A.  Well,  he  would  often  come  up  and  speak  to  me, 
and  ask  me  questions  that  certainly  were  unnecessary  at  that  time. 

Q.  On  what  occasions  would  this  occur;  when  persons  were  pres- 
ent in  the  librarj^  and  when  you  were  engaged  in  talking  to  them 
about  library  matters — visitors?    A.  Yes. 

Q.  State  how  he  conducted  himself  at  such  times?  A.  Well,  I  do 
not  know  anything  more. 

Q.  Tell  just  what  you  remember  about  it,  and  what  the  facts  were 
in  reference  to  his  intruding  himself  and  making  remarks  out  of 
place?    A.  It  was  noticeable  to  others  as  well  as  myself. 

Q,.  Persons  visiting  the  library  ?    Have  you  seen  considerable  of 


51 

the  library  and  of  Mr.  Wallis,  and  have  you  heard  criticisms  from 
those  people  upon  his  conduct  as  wanting  in  capacity  and  dignity  in 
that  position? 

Mr.  HiNKSON  objected,  as  hearsay,  incompetent,  and  improper,  and 
the  objection  was  sustained. 

Opening  and  Detention  of  Letters. 

Mr.  HoLL — Referring  to  tlie  letter  that  came  through  Wells,  Fargo 
&  Co. — just  look  at  those  and  tell  me  whether  those  are  the  letters 
that  were  inclosed  in  that  envelope?    A.  Yes. 

Mr.  HoLL — I  offer  in  evidence  this  portion  of  the  envelope  hereto- 
fore referred  to  in  this  testimony,  and  marked  "A." 

Mr.  Johnson  objected,  as  irrelevant,  incompetent,  immaterial,  not 
responsive  to  any  issue  in  this  case,  and  it  has  been  mutilated  by 
this  witness. 

The  objection  was  overruled  by  the  Board. 

Mr.  HoLL — Those  are  the  letters  that  were  inclosed  in  the  Wells- 
Fargo  envelope?    A.  Yes. 

Cross-examination. 

Mr.  Johnson — Have  you  the  letter  that  came  in  the  envelope  that 
you  say  was  opened  ?     A.  No,  I  have  not. 

Q.  Do  you  know  what  has  become  of  that  letter?    A.  I  do  not. 

Q.  Do  you  think  you  could  find  it  if  you  looked  for  it?  A.  Well, 
I  have  looked  for  it,  and  have  not  succeeded  in  finding  it. 

Q.  You  have  looked  for  it?    A.  Yes. 

Q.  You  have  not  succeeded  in  finding  it?    A.  No. 

Q.  Do  you  remember  who  it  was  from?     A.  Yes. 

Q.  Whom?    A.  Mr.  Owen. 

Q.  J.J.Owen?    A.  Yes. 

Q.  A  Trustee  of  the  State  Library  ?    A.  Yes. 

Q.  He  is  the  same  gentleman  that  the  letter  was  from  that  came 
through  Wells- Fargo?  A.  Yes,  one  of  the  letters  that  came  by 
Wells-Fargo  ;  there  were  two. 

Q.  Two  in  the  envelope?    A.  Yes. 

Q.  He  was  the  author  of  one  of  them  ?    A.  Yes. 

Q.  Did  you  send  the  letter  back  to  Mr.  Owen — the  one  you  say  that 
came  in  the  envelope  that  you  say  was  opened?     A.  No. 

Q.  But  it  is  unfortunately  lost?    A.  Yes. 

Q.  Of  course  accidentally?    A.  Well,  I  do  not  know. 

Drinking  in  Library. 

Q.  Do  you  know  State  Senator  Maddox  of  Santa  Clara  County  ? 
A.  I  do. 

Q.  How  do  you  know  that  these  people  drank  liquor  in  the  private 
office  of  the  State  Librarian  during  the  session  of  the  last  Legisla- 
ture?   A.  I  saw  them  drink  it. 

Q.  How  do  you  know  it  was  liquor?*  A.  Well,  it  looked  like  it. 


52 

Q.  Did  you  ever  drink  any  of  it  yourself?     A.  No. 

Q.  You  are  sure  of  that  ?     A.  Yes. 

Q.  Did  they  ever  drink  any  champagne  there  ?    A,  Yes. 

Q.  Did  you  ever  drink  any  champagne  there  ?     A.  Yes. 

Q.  More  than  once  ?     A.  No. 

Q.  Only  once?    A.  That  is  all. 

Q.  You  never  drank  any  liquor  there  of  any  other  kind?    A.  No. 

Q.  Did  you  have  Mr.  Wallis  go  and  get  some  for  you  and  bring  it 
there  on  purpose,  one  time,  the  last  week  of  the  Legislature?  A. 
Yes,  I  remember  that;  I  remember  that  I  was  sick  one  morning  and 
he  went  out  and  got  some  whisky  in  some  person's  office,  but  it  was 
not  the  last  week  of  the  Legislature. 

Q.  When  was  it?     A.  It  was  before  I  was  out  sick. 

Q.  Was  that  during  the  session  of  the  Legislature?    A.  Yes. 

Q.  Why  did  he  not  get  some  out  of  his  own  office?  A.  There  had 
been  too  many  calling  at  his  office,  I  suppose. 

Q.  That  is  what  you  suppose  ?     A.  Yes. 

Q.  Did  he  go  into  his  office  and  look  for  some  ?  A.  I  do  not  know 
all  that  Mr.  Wallis  did. 

Q.  That  is  not  what  I  asked  you?  A.  I  do  not  know  whether  he 
did  or  not. 

Q.  Had  you  been  to  look?     A.  No,  I  do  not  think  I  had. 

Q.  You  were  sick  and  needed  some  liquor,  and  you  asked  Mr. 
Wallis  to  get  some,  and  he  got  some?  A.  I  did  not  ask  for  any 
liquor;  I  was  feeling  very  ill,  and  I  thought  if  I  had  something  to 
warm  me  I  would  feel  better,  and  Mr.  Wallis  went  out  and  got  some 
whisky;  I  guess  it  was  whisky;  I  really  could  not  tell  whether  it 
was  whisky  or  something  else. 

Q.  I  am  not  finding  any  fault  about  it;  I  am  asking  the  questions 
for  another  reason.  Did  he  at  that  time  go  into  his  own  office  to 
look  for  some  liquor  for  you.     A.  Not  that  I  know  of. 

Q.  Did  you  go  in  there?     A.  No. 

Q.  Now  just  reflect  a  moment,  and  see  if  you  did  not  go  in  the 
office  yourself  to  look  for  some  liquor — into  his  private  office,  in  the 
closet?    A.  No,  I.  did  not. 

Q.  You  are  sure  of  that?    A.  Yes. 

Q.  How  much  did  you  off'er  Mr.  Wallis  to  assist  him  to  pay  for  the 
liquor  that  he  had  there  during  the  session  of  the  Legislature  ?  A.  I 
did  not  offer  him  anything  to  assist  him  to  pay  for  it. 

Q.  Did  you  not  offer  him  forty  dollars  to  assist  him  in  paying  for 
it?    A.  No. 

Opening  and  Detention  of  Letters. 

Q.  Do  you  know  Henry  Edgerton,  a  Trustee  of  the  State  Library? 
A.  Yes. 

Q.  Did  you  ever  have  a  conversation  with  Mr.  Edgerton  in  refer- 
ence to  the  opening  of  these  letters?     A.  Yes;  I  think  I  did. 

Q.  Did  you  have  a  conversation  with  him  after  the  filing  of  the 
first  charges  and  before  the  filing  of  the  second  charges,  in  reference 
to  these  letters?  A.  Mr.  Edgerton,  I  forget.  Did  I  speak  to  you 
before  these  charges  were  fileti  or  afterwards? 


53 

Q.  I  want  the  best  of  your  recollection?  A.  I  do  not  remember. 
I  think  it  was  before  the  charges  were  filed. 

Q.  Before  any  of  them  were  filed?  A.  Before  any  of  them  were 
filed,  I  think. 

Q.  Are  you  certain  of  that?  A.  I  am  not  certain  of  it,  but  I  feel 
that  it  was  before  that  time. 

Q.  Just  refresh  your  recollection,  and  study  it  up  a  moment,  and 
see  if  you  do  not  now  remember,  upon  reflection,  that  it  was  after  the 
charges  had  been  filed,  and  that  the  charges  had  been  published,  and 
that  the  conversation  between  you  and  Mr.  Edgerton  was  in  refer- 
ence to  the  charges  that  had  been  filed?  A.  No;  when  I  told  him  of 
these  letters  it  was  in  the  library  sitting  at  my  desk,  and  it  must  have 
been  before  that  time,  because  I  was  not  there  afterwards. 

Q.  In  the  course  of  that  conversation  did  you  make  any  statement 
to  Mr.  Edgerton  in  reference  to  the  letters?  A.  I  do  not  remember 
what  I  told  Mr.  Edgerton. 

Q.  You  do  not  remember?     A.  No. 

Q-  Did  you  or  did  you  not,  in  the  course  of  that  conversation,  say 
that  you  made  no  complaint  of  Mr.  Wallis  except  in  reference  to 
one  letter?  A.  1  did  not  say  anything  of  the  kind  that  I  remember 
of. 

Q.  What  did  you  say  to  him  in  reference  to  that  letter?  A.  I 
think  I  told  him  the  circumstances  about  the  letters. 

Q.  All  of  them,  the  same  as  you  have  detailed  them  to-day?  A. 
Yes — I  do  not  know  as  it  was  as  fully ;  I  may  not  have  stated  it  as 
fully  as  I  have  to-day. 

Q.  As  a  matter  of  fact,  do  not  you  know  that  you  did  say  to  Mr. 
Edgerton  at  that  time  that  all  in  the  world  you  found  fault  with  Mr. 
Wallis  about  was  in  reference  to  one  letter?  A.  I  said  nothing  of 
the  kind  to  Mr.  Edgerton,  to  my  memory. 

Q.  Were  you  employed  in  the  library  at  the  time  you  say  this 
letter  had  been  opened  ?    A.  Yes. 

Q.  Were  you  employed  in  the  library  at  the  time  you  say  this  let- 
ter, that  you  say  came  through  Wells-Fargo,  was  delayed?     A.  Yes. 

Q.  Did  you  have  any  conversation  with  Mr.  Wallis  in  the  presence 
of  Mr.  Gunn  at  that  time?    A.  Yes,  I  think  Mr.  Gunn  was  present. 

Q.  Did  you  at  that  time  say  to  Mr.  Gunn,  in  the  presence  of  Mr. 
Wallis,  that  you  wished  he  would  show  you  how  you  could  send  Mr. 
Wallis  to  the  State  Prison  ?  A.  No,  I  do  not  remember  of  saying 
that. 

Q.  What  did  you  say?    A.  I  do  not  remember  my  conversation. 

Q.  You  do  not  remember  it?     A.  No. 

Q.  Do  you  know  John  W.  Armstrong  of  this  city?    A.  Yes. 

Q.  You  remember  having  a  conversation  with  Mr.  Armstrong 
right  after  the  Wells-Fargo  letter  trouble,  in  which  you  told  Mr. 
Armstrong  that  you  knew  that  Mr.  Wallis  had  not  been  opening  any 
letter  of  yours,  and  that  you  were  sorry  that  you  had  made  any  talk 
or  trouble  about  it?     A.  No.  » 

Q.  Did  you  have  any  such  conversation  with  Mr.  Armstrong  after 
the  complaint  on  your  part  or  in  reference  to  the  letter  which  you 
say  had  been  opened  ?'    A.  I  had  a  conversation  with  Mr.  Armstrong, 


54 

but  I  did  not  say  that  I  did  not  believe  that  Mr.  Wallis  had  not 
opened  it. 

Q.  You  are  sure  you  did  say  that?    A.  Yes. 

Q.  Which  letter  was  that  in  reference  to,  or  after  which  letter  was 
it  that  you  had  the  conversation  with  Mr.  Armstrong?  A.  After 
which  letter? 

Q.  Yes?     A.  It  was  after  both  the  letters. 

Q.  After  both  of  the  letters  ?     A.  Yes.    ' 

Q.  In  neither  of  these  conversations,  you  say,  you  did  not  tell  Mr. 
Armstrong  that  you  knew  Mr.  Wallis  had  not  opened  any  letter,  and 
that  you  were  sorry  that  you  had  made  any  trouble  about  it,  and  that 
you  were  sick,  and  that  was  the  reason  that  you  had  made  so  much 
fuss?    A.  I  never  said  that  I  did  not  think  Mr.  Wallis 

Q.  Did  you  say  any  of  these  things  that  I  have  repeated?  A.  I 
do  not  remember  entirely  my  conversation  with  Mr.  Armstrong,  but 
I  remember  having  an  interview  with  him  and  talking  the  matter 
over,  and  telling  him  that  the  letter  had  been  opened.  I  did  not 
claim  that  the  Wells,  Fargo  &  Co.  letter  had  been  opened.  It  was 
the  other  letter  that  I  was  talking  about,  and  he  said  that  there  were 
a  great  many  around  the  office,  and  there  might  have  some  one 
opened  it  in  the  office. 

Q.  Did  you  at  that  time,  or  did  you  not,  tell  him  that  you  knew 
that  Mr.  Wallis  did  not  open  the  letter,  and  that  you  were  sorry  that 
you  had  made  such  a  talk  about  it,  and  that  you  were  sick,  and  that 
was  the  reason  why  you  had  been  so  excited  and  angry,  or  words  to 
that  effect?  A.  I  probably  told  him  I  was  sick  and  angry  at  the 
time,  because  I  was,  but  I  did  not  say  that  I  did  not  believe  that  Mr. 
Wallis  opened  the  letter. 

Q,.  Did  you  say  that  you  were  sorry  that  you  had  made  such  a 
statement?     A.  I  do  not  remember  saying  it. 

Q.  Y^'ou  know  Frank  Freeman  in  the  library?    A.  Yes. 

Q.  Did  you  accuse  him  of  opening  the  letter?     A.  No. 

Q.  Did  you  use  to  him  this  language,  as  he  came  into  the  library 
when  vou  were  talking:  "Well,  I  believe  you  opened  the  letter, 
Frank?"    A.  No;  I  did  not. 

Q.  Nothing  of  that  kind?  A.  No;  nothing  of  the  kind;  I  never 
intimated  any  such  a  thing. 

Q.  Did  you  say  to  Mr.  Frank  Freeman  that  you  would  just  as 
leave  believe  that  he  opened  the  letter  as  to  believe  that  Mr.  Wallis 
opened  the  letter?     A.  No. 

Q.  Nothing  of  the  kind?    A.  No. 

Q-  You  are  positive  of  that?    A.  I  am. 

Q.  Y^'ou  know  Mr.  Gunn,  the  deputy  in  the  library?     A.  Yes. 

Q.  Did  you  ever  go  to  Mr.  Gunn,  and  through  him  seek  to  apolo- 
gize to  Mr.  Freeman  for  your  language  to  Mr.  Freeman?     A.  No. 

Q.  Are  you  sure  of  that?  A.  I  am  sure  of  that.  The  only  language 
I  used  to  Mr.  Freeman  on  the  subject  I  have  given  in  my  testimony — 
the  only  words  ever  spoken  between  us  about  the  letter — but  I  never, 
for  a  moment,  thought  that  Mr.  Frank  Freeman  opened  the  letter, 
and  I  never  said  it. 


55 

Q.  I  am  not  asking  for  your  thouglits?  A.  1  did  not  express  any 
such  a  thing  as  that,  either. 

Q.  ytate  now  as  to  whether  after  that  matter  your  relations  were 
or  were  not  friendly  with  Mr.  Freeman?  A.  Mr.  Freeman  was  not 
friendly  with  me  after  that. 

Q.  Because  of  your  language  to  him?  A.  No;  it  was  not  because 
of  my  language  to  him.  It  was  only  the  sentence  that  I  have  given 
you. 

Q.  Is  that  all  that  you  have  said?     A.  Yes. 

Q.  That  is  nothing  for  a  man  to  get  mad  at?  A.  That  is  what  I 
thought. 

Conspiring  Against  Librarian. 

Q.  Did  you  have  a  conversation  with  Mr.  Frank  Freeman  in  the 
month  of  July,  1882?     A.  I  presume  I  have  had  several. 

Q.  At  your  table  in  the  general  room,  in  which  you  asked  Mr. 
Freeman  if  he  thought  his  cousin,  Trustee  Freeman,  could  be  pre- 
vailed upon  to  vote  to  turn  Mr.  Wallis  out  of  his  position  as  Libra- 
rian, and  in  which  you  told  him  that  it  all  rested  on  Mr.  Freeman's 
vote,  and  that  if  Mr.  Freeman  would  vote  to  turn  out  Mr.  Wallis 
that  Mr.  Gunn  would  be  elected  Librarian,  and  that  Mr.  Freeman 
would  be  given  the  Law  Library?  A.  I  do  not  know  how  I  could 
promise  him  all  those  things. 

Q.  That  is  not  what  I  asked  you;  I  asked  you  if  you  had  such  a 
conversation?  A.  I  remember  having  a  conversation  with  Mr. 
Frank  Freeman  on  the  subject  upon  which  you  are  asking  me,  but 
I  do  not  remember  of  any  such  statement  as  that.  I  can  state  what 
I  do  remember  of  the  conversation,  if  you  desire  it. 

Q.  First  answer  my  question  and  then  state  whether  you  had  the 
conversation  that  I  have  detailed  to  you — whether  you  asked  him  if 
he  could  get  his  cousin  to  vote  that  way — as  to  whether  or  not  you 
asked  him  if  he  could  get  his  cousin.  Trustee  Freeman,  to  vote  to 
expel  or  turn  out  Mr.  Wallis  from  his  position  as  Librarian.  I  will 
ask  you  it  one  at  a  time.  Did  you  make  that  request  of  him,  and 
ask  him  to  inquire  and  see  and  let  you  know?  A.  Well,  I  do  not 
think  that  I  said  to  inquire  and  see  and  let  me  know.  Anything  of 
that  kind  I  do  not  think  occurred.  I  remember  of  making  this 
remark  to  Mr.  Freeman:  We  were  talking  about  the  work  that  Mr. 
Gunn  did  in  this  office,  and  I  said  that  it  seemed  to  me  that  the  man 
who  furnished  the  brains  for  the  institution  and  did  the  work  ought 
to  have  the  honor  and  the  salary  for  doing  it.  I  remember  of  that, 
and  of  conversing  further  with  him  also  about  his  cousin,  but  just 
what  was  said  I  do  not  remember. 

Q.  Is  it  not  simply  astonishing  to  you  that  your  memory  is  so  poor 
in  reference  to  these  matters  that  I  have  asked  you  about?  A.  I  do 
not  know  why  it  should  be.  That  occurred  over  a  year  ago,  and  it 
was  not  a  matter  that  I  ever  expected  to  rehearse  again.  It  was 
talked  in  confidence,  and  we  were  talking  freely  of  library  matters, 
and  Mr.  Freeman  criticised  as  freely  as  I  did,  and,  of  course,  if  Mr. 
Freeman  wants  to  tell  it,  I  have  no  objection. 

Q.  You  have  not  answered  the  question  as  to  whether  or  not  you 


56 

asked  Mr.  Frank  Freeman  at  that  time  if  he  thought  his  cousin,  the 
Trustee,  could  be  prevailed  upon  to  vote  to  turn  Mr.  Wallis  out  of 
his  position  as  Librarian,  and  whether  or  not  you  also  asked  him  to 
inquire  and  see?  A.  I  cannot  tell  whether  I  did  or  not.  I  think  if 
Mr.  Frank  Freeman  remembers  it  in  that  way,  I  will  take  his  word 
for  it. 

Q.  If  Frank  Freeman  remembers  it  in  that  way,  you  will  take  his 
word  as  true  ?    A.  Yes. 

Q.  Do  you  know  Mr.  A.  C.  Freeman,  the  Trustee?    A.  Slightly. 

Q.  And  you  know  J.  J.  Owen,  the  Trustee?     A.  Yes. 

Q.  Did  you  have  a  conversation  with  Mr.  J.  J.  Owen  and  Mr.  A. 
C.  Freeman  in  this  room  in  reference  to  turning  Mr.  Wallis  out  of 
his  place  as  Librarian  ?    A.  No  ;  I  did  not. 

Q.  Did  Mr.  Owen  have  a  conversation  with  Mr.  Freeman  in  your 
presence  in  reference  to  that?    A.  I  do  not  remember  that. 

Q.  Just  please  tax  your  memory — some  time  last  Fall,  in  the  month 
of  October  of  last  year,  Mr.  Wallis  thinks?  A.  I  do  not  think  Mr, 
Owen  was  in  Sacramento  in  the  month  of  October. 

Q.  You  remember  being  in  this  room  with  Mr.  Owen  and  Mr. 
Freeman?    A.  Yes;  I  do. 

Q.  You  remember  of  their  having  a  conversation  at  that  time 
about  the  library  and  about  the  Librarian?  A.  No  ;  I  do  not  remem- 
ber a  conversation  about  the  Librarian  or  the  library,  except  one 
sentence  that  I  said  to  Mr.  Freeman. 

Q.  Did  Mr.  Freeman  come  to  the  library  at  that  time  in  answer  to 
a  note- that  you  sent  him?     A.  I  never  wrote  a  note  to  him  in  my  life. 

Q.  Sent  word  to  him?    A.  To  come  to  the  library? 

Q.  Yes?    A.  No;  not  to  my  knowledge. 

Q.  Did  Mr.  Freeman  come  in  pursuance  of  your  invitation  at  that 
time?    A.  To  the  library? 

Q.  Yes.  A.  No;  he  was  in  the  Law  Library  that  day,  and  he 
came  of  his  own  accord. 

Q.  In  the  course  of  the  conversation  at  that  time  did,  or  did  not, 
Mr.  Owen,  in  your  presence,  state  to  Mr.  Freeman  that  it  was  advis- 
able to  have  a  change  in  the  Librarian,  and  ask  him  to  assist,  or 
words  to  that  effect,  in  making  the  change  in  the  Librarian  ?  A.  No ; 
he  did  not. 

Q.  Nothing  of  that  kind  ?    A.  No. 

Q.  You  are  certain  of  that?    A.  Yes. 

Mr.  Johnson — I  ask  permission  to  give  the  exact  language  when 
Mr.  Freeman  returns ;  I  cannot  give  the  exact  language  until  Mr. 
Freeman  gives  it  to  me. 

Mr.  Edgerton — There  is  no  objection  to  that. 

Mr.  Johnson — Do  you  know  of  your  own  knowledge  of  Mr.  Owen 
calling  upon  other  members  of  the  Board  in  reference  to  making  a 
change  in  the  Librarian  ? 

Mr.  HoLL — Objected  to  as  incompetent,  irrelevant,  and  not  in  cross- 
examination. 

Mr.  Edgerton — They  can  make  her  their  own  witness,  and  that 
will  give  you  the  privilege  of  cross-examining  her. 

Mr.  Johnson — We  think  it  is  cross-examination ;  it  bears  on  the 


57 

motives  of  Trustee  Owen,  and  her;  we  propose  to  show  an  explana- 
tion of  these  charges,  and  to  show  that  she  sent  Owen  to  interview 
other  members  of  this  Board,  and  we  propose  to  follow  it  up  by  prov- 
ing that  Mr.  Owen  called  on  other  Trustees  at  her  request. 

Mr.  Edgerton — With  that  understanding  the  objection  is  over- 
ruled. 

A.  I  do  not. 

Mr.  Johnson — Did  you  send  Mr.  Owen,  or  request  Mr.  Owen  to  go 
and  interview  any  other  member  of  the  Board  in  reference  to  remov- 
ing Mr.  Wallis?     A.  I  did  not. 

Q.  Did  you  have  an}'  conversation  with  Mr.  Owen  in  that  regard, 
about  seeing  other  members  of  the  Board,  to  remove  Mr.  Wallis? 
A.  I  did  not. 

Q.  Did  not  you  tell  Mr.  Owen  to  go  and  see  Mr.  Edgerton  in  refer- 
ence to  removing  Mr.  Wallis,  and  after  he  had  the  conversation  with 
Mr.  Edgerton,  did  he  not  report  to  you  the  conversation  between 
them  ?    A.  No. 

Q.  Just  reflect  a  moment  and  see  now  if  he  did  not  do  that,  and 
state  to  you  what  Edgerton  had  said  to  him  ?    A.  No. 

Q.  Did  not  you  tell  Mr.  Gunn  and  Mr.  Frank  Freeman  that  such 
had  been  the  case?  A.  No;  I  do  not  remember  anything  of  the 
kind. 

Q.  Did  not  you  tell  Mr.  Frank  Freeman  that  it  was  all  right,  that 
Owen  had  seen  Mr.  Edgerton?  A.  No;  I  did  not  say  anything  of 
the  kind. 

Q.  Nothing  of  the  kind?    A.  No. 

Q.  Did  not  you  tell  him  it  was  all  right?    A.  No. 

Q,.  Did  not  you  tell  him  that  the  Board  of  Trustees  were  all  right 
except  Mr.  Freeman?     A.  No;  I  did  not. 

Q.  What  did  you  tell  him  about  that?  A.  I  do  not  remember 
telling  him  anything  about  the  Board. 

Q.  Who  wrote  these  original  charges?  A.  I  did  not  see  them 
written  and  I  cannot  tell  you. 

Q.  Did  not  you  write  them?     A.  No;  T  did  not. 

Q.  You  did  not  write  the  original  charges  in  this  case  and  show 
them  to  Mr.  Howard  Johnson  and  Mr.  Prentiss  Maslin  prior  to  the 
meeting  of  the  Library  Board  ?  A.  I  did  not  write  them.  I  showed 
them  the  charges. 

Q.  When?    A.  To  Mr.  Maslin  and  Mr.  Johnson? 

Q.  When?     A.  The  morning  of  the  twenty-sixth  of  July. 

Q.  The  morning  of  the  day  that  the  charges  were  preferred,  was  it? 
A.  Yes. 

Q.  Before  the  meeting  of  the  Board?     A.  Yes. 

Q.  In  whose  handwriting  were  those  charges  that  3'OU  showed  Mr. 
Johnson  and  Mr.  Maslin  ?  A.  I  think  it  was  a  copy  that  I  had  made 
of  them  ;   I  am  not  certain. 

Q.  When  did  you  make  that  copy?  A.  I  made  it  here  on  the 
twenty-sixth  of  July,  in  the  morning. 

Q.  As  a  matter  of  fact  did  not  Mr.  Owen  make  a  copy  from  that 
which  you  had  that  morning  himself?     A.  No. 


58 

Q.  Did  not  he  get  the  legal  cap  paper  from  the  Law  Library  and 
sit  down;  did  you  not  go  in  that  morning  to  the  Law  Library  and 
get  legal  cap  paper  and  come  back  to  the  table  and  sit  down  there, 
and  Mr.  Owen  sit  down  there,  and  copy  upon  legal  cap  paper  the 
charges  that  were  already  in  your  handwriting,  and  which  had  been 
exhibited  by  you  to  Mr.  Johnson  and  Mr.  Maslin?    A.  No. 

Q.  You  are  sure  of  that?    A.  Yes. 

Q.  How  did  you  come  to  have  those  charges — a  copy  of  them — 
before  they  were  preferred  to  the  Board?  A.  Because  they  were 
given  to  me. 

Q.  When?     A.  The  morning  of  the  twenty-sixth. 

Q.  That  is  the  first  time  you  had  seen  them?    A.  Yes. 

Q.  How  early  in  the  morning?     A.  I  came  here  about  nine  o'clock. 

Q.  Were  they  given  to  you  before  nine  o'clock  or  after?  A.  After 
I  came  to  the  library. 

Q.  By  whom?    A.  By  Mr.  Owen. 

Q.  Then  you  made  a  copy  of  them?     A,  Yes. 

Q.  Then  what  did  you  do  with  the  original?  A.  I  gave  it  back  to 
Mr.  Owen. 

Q.  When  did  Mr.  Owen  arrive  in  the  citv;  do  you  know?     A.  I  do. 

Q.  When?    A.  The  twenty-fifth. 

Q.  What  time  of  day?    A.  On  the  half-past  seven  train. 

Q.  In  the  evening?     A.  Yes. 

Q.  Did  you  see  him  that  evening?    A.  Yes. 

Q.  Did  you  see  the  charges  that  evening?    A.  No. 

Q.  Did  you  converse  with  him  in  reference  to  the  charges  that 
evening?     A.  No. 

Q.  Not  at  all?     A.  No;  the  charges  had  not  been  written. 

Q.  Did  you  converse  with  him  in  reference  to  preferring  charges 
that  evening?  A.  I  might  have  conversed  with  him  upon  the  sub- 
ject-matter of  those  charges;  I  presume  that  I  did. 

Q.  Did  you  converse  with  reference  to  the  charges  being  preferred 
against  Mr.  Wallis  on  that  evening?  A.  I  think  Mr.  Owen  told  me 
he  thought  he  would  prefer  those  charges  that  evening. 

Q.  Is  that  all  the  conversation  you  had  about  it?  A.  I  do  not 
know  that  that  was  all. 

Q.  Why  will  you  not  answer  the  question  right  plump  and  plain. 
Did  you,  or  did  you  not,  on  the  evening  of  the  twenty-fifth,  after  he 
came  in  the  city,  converse  with  him  and  assist  him  in  preparing 
those  charges  ?    A.  I  did  not. 

Q.  You  did  not  converse  with  him  at  all  about  it?  A.  I  did  con- 
verse, but  I  (lid  not  assist. 

Q.  Did  lie  write  them  in  your  presence  then?     A.  No. 

Q.  Did  you  furnisli  the  information  upon  which  the  charges  were 
based?     A.  Some  of  the  information  I  furnished. 

Q.  That  evening?    A.  No. 

Q.  When  did  you  furnish  it?    A.  I  think  the  day  before. 

Q.  In  what  manner — by  letter,  or  by  telegraph,  or  by  word  of 
mouth?  A.  I  think  there  was  only  one  tiling  in  those  charges  that 
I  had  told  him.  It  might  have  been  that  evening  or  the  day  before 
that  I  told  him. 


59 

Q.  Did  you  see  him  the  day  before  ?    A.  Yes. 

Q.  Where?     A.  In  San  Francisco. 

Q.  Did  you  talk  with  him  in  San  Francisco  about  preferring  the 
charges?    A.  No. 

Q.  Not  at  all  ?    A.  No. 

Q.  Nor  he  to  you?    A.  No. 

Q.  Do  you  know  Colonel  Flournoy^  of  San  Francisco?    A.  Yes. 

Q.  Did  you  see  him  at  the  time  you  were  in  San  Francisco,  at  the 
time  you  saw  Mr.  Owen,  during  that  visit  ?     A.  Yes. 

Q.  Did  you  or  did  you  not  tell  Colonel  Flournoy,  in  San  Francisco, 
at  that  time,  that  Mr.  Owen  would  prefer  charges  against  Mr.  Wallis, 
or  that  you  intended  to  prefer  charges  against  Mr.  Wallis?  A.  I  told 
Colonel  Flournoy  that  there  were  some  things,  if  brought  against  Mr. 
Wallis,  would  be  injurious  to  him. 

Q.  Will  you  answer  the  question?    A.  That  is  my  answer. 

The  reporter  read  the  question. 

A.  I  answered  it  to  the  best  of  my  ability.  I  do  not  think  I  told 
Colonel  Flournoy  that  he  intended  to  prefer  charges,  but  I  may  have 
done  it;  but  I  know  I  said  that  we  had  matter  that,  if  brought  against 
him,  would  be  serious. 

Q.  Did  not  you  tell  him,  as  a  matter  of  fact,  that  Mr.  Owen  would 
prefer  charges  against  him?  A.  I  might  have  told  him;  I  am  not 
positive. 

Q.  Do  you  know  W.  A.  January,  the  State  Treasurer?    A.  Yes. 

Q.  Was  he  on  the  train  going  to  San  Francisco  when  you  went 
down?     A.  No. 

Q.  Did  you  meet  him  in  San  Francisco  the  next  day?    A.  No. 

Q.  Did  you  see  him  the  next  day?  A.  I  saw  him  on  the  train 
coming  home. 

Q.  Did  you  have  any  conversation  with  him  about  this  matter  of 
the  charges  ?    A.  No. 

Q.  None  at  all?  Did  not  you  have  any  conversation  with  Mr. 
January  about  these  charges?     A.  No. 

Q.  Did  you  have  a  conversation  with  Mr.  Owen  on  the  morning 
that  the  Board  met,  or  about  half-past  twelve  on  that  day,  prior  to 
the  preferring  of  the  charges?  A.  About  half-past  twelve  on  the 
twenty-sixth  ? 

Q.  Yes;  the  day  the  charges  were  preferred?  A.  I  do  not  think  I 
did. 

Q.  Did  you  have  a  conversation  with  Mr.  Owen  like  this:  He 
came  out  of  the  room  where  the  Board  had  been  in  session,  but  before 
the  Board  was  in  session ;  he  came  out  of  Mr.  Wallis'  private  office, 
and  you  asked  him  if  he  had  read  the  charges  to  Mr.  Wallis,  and  he 
said,"  Yes,"  and  you  asked  him  what  effect  they  had  upon  him,  and 
he  said,  "  None  whatever."  And  you  said,  "  I  will  show  him  what  I 
can  do  when  I  get  in,"  or  something  to  that  effect?     A.  No. 

t^.  You  had  none  of  that  conversation  with  Mr.  Owen?    A.  No. 

Q.  Did  Mr.  Owen  come  out  and  say  anything  to  you  at  that  time, 
prior  to  the  meeting  of  the  Board,  and  after  he  had  had  the  conver- 
sation with  Mr.  Wallis?     A.  Mr.  Owen  can  answer  for  himself.     I 


60 

do  not  remember  what  he  did.  I  do  not  remember  whether  I  saw 
him  after  he  had  seen  Mr.  Wallis,  or  not. 

Q.  And  before  the  Board  met?  A.  I  do  not  remember  whether  I 
saw  him  after  that  or  not.     I  do  not  know.     I  do  not  remember. 

Q.  Then  you  did  not  have  the  conversation  with  Mr.  Owen  that  I 
have  detailed,  in  which  you  asked  him  if  he  had  read  those  charges 
to  Mr.  Wallis,  and  he  said  "  Y^s,"  and  you  asked  him  what  effect  it 
had  upon  him,  and  he  said  "  None  whatever?"    A.  No. 

Q.  Nothing  of  that  kind  *?    A.  No. 

Q.  Do  you  know  Walter  Drew  of  this  city?    A.  Yes. 

Q.  Did  you  write  him  a  postal  card  some  time  in  the  month  of  July, 
requesting  him  to  meet  you  at  the  State  Treasurer's  office  ?     A.  Yes. 

Q.  Did  you  have  a  conversation  with  him  in  which  you  sought  to 
get  information  in  reference  to  warrants,  so  as  to  use  it,  as  you  said 
to  him,  against  Mr.  Wallis?    A.  Yes. 

Opening  and  Detention  of  Letters.  * 

Q.  Did  you  have  a  conversation  with  Mr.  Cravens  in  reference  to 
Mr.  Wallis  opening  his  letters?  A.  Not  about  the  opening  of  his 
letters. 

Q.  Did  you  have  any  conversation  with  him  at. all  in  reference  to 
'  letters  ?    A.  Yes. 

Q.  When  was  it?    A.  I  think  it  was  in  the  last  part  of  July. 

Q.  Of  this  year?     A.  Yes. 

Q.  Is  that  the  first  that  you  had  had  a  conversation  with  him  ? 
A.  Yes. 

Q.  The  first  that  you  had  said  to  him  about  it?    A.  Yes. 

Q.  Is  Mr.  Owen  any  relative  of  yours  ?     A.  No. 

Q.  Did  you  receive  letters  more  than  these  two  from  Mr.  Owen, 
during  the  time  you  were  in  the  library? 

Mr.  HoLL — We  object  to  that. 

Mr.  Johnson — The  object  is  to  show  that  she  did  receive  letters 
from  him,  on  an  average  of  one  a  day,  during  the  entire  time  she  was 
there,  and  to  show  that  no  other  letter  had  ever  been  interfered  with  ; 
they  would  probably  amount  to  about  one  a  day  during  the  entire 
time  that  she  was  in  the  library.  It  bears  on  two  propositions:  first, 
that  in  this  enormous  mass  of  correspondence,  there  was  but  one  letter 
that  was  interfered  with  ;  and,  second,  it  bears  on  the  question  of  the 
conspiracy  between  these  two  people  to  injure  Mr.  Wallis. 

.Mr.  HoLL — I  have  no  objection  to  their  showing  it  for  the  purpose 
of  showing  that  there  was  but  one  letter  opened  out  of  so  many.  It 
may  be  competent  for  that  purpose. 

Mr.  Edgerton — We  think  it  is  not  in  cross-examination,  and  the 
objection  is  sustained. 

Mr.  Johnson — Do  you  know  when  Mr.  Owen's  wife  died  ?     A.  Yes. 

Q.  At  what  date  was  it  that  she  died  ?    A.  I  do  not  know  the  date. 

Q.  Can  you  tell  the  month?    A.  It  was  in  last  July,  I  think. 

Q.  Of  this  year?     A.  Yes. 

Q.  You  remember  whether  it  was  the  fore  part  or  the  last  part? 
A,  It  was  before  the  middle  of  July,  I  should  think. 


61 

Q.  Do  you  save  all  your  letters?    A.  Not  always. 

Q.  Have  you  saved  your  correspondence  with  Mr.  Owen?  A. 
Some  of  it  I  have. 

Q.  Not  all  of  it?    A.  I  do  not  know  that  I  have. 

Q.  Have  you  saved  the  correspondence  you  had  with  Mr.  Owen  in 
themonthsof  June  and  July  of  this  year?  A.  I  may  have  some  of  the 
letters  at  home ;  I  do  not  know ;  I  cannot  tell  until  I  look  and  see. 

Q.  Do  you  know  whether  or  not  you  have  the  letters  in  your  pos- 
session and  the  telegrams  that  were  written  and  sent  to  you  by  Mr. 
Owen  immediately  preceding,  at  the  time  of,  and  immediately  suc- 
ceeding the  death  of  his  wife?  A.  I  have  not  the  telegram,  I  do  not 
think  ;  I  do  not  know. 

Q.  But  as  to  the  letters,  do  you  know  whether  you  have  got  them? 
A.  I  do  not.  As  I  said  before,  I  can  tell  bv  looking  over  my  letter 
file^. 

Q.  Can  vou  tell  bv  an  examination  ?  A.  If  I  see  the  letters  I  can 
tell. 

Q.  Can  you  tell  by  an  examination  of  your  effects  whether  or  not 
you  have  those  letters  ?     A.  Yes. 

Q.  Can  you  tell  b}^  an  examination  here  in  Sacramento,  or  must 
you  go  to  San  Francisco?    A.  My  letters  are  not  in  San  Francisco. 

Q.  Your  letters  are  here?    A.  Yes. 

Q.  I  respectfully  request  that  you  examine  and  see  if  you  have  the 
letters  received  by  you  immediately  preceding,  at  the  time  of,  and 
immediately  succeeding  the  death  of  Mrs.  Owen.  Have  you  any 
letters  in  your  possession  with  the  envelopes  on  them,  so  that  I  can 
see  how  they  were  ? 

Mr.  HoLL  objected,  as  irrelevant,  and  the  objection  was  overrule^. 

A.  Yes,  I  think  I  have. 

Mr.  Johnson — Will  you  bring  some  at  the  next  meeting  of  the 
Board?    A.  Yes. 

Q.  Did  you  get  more  than  one  letter  at  the  time  that  you  got  this 
one  that  you  think  had  been  opened  ?    A.  Yes. 

Q.  How  many  others?    A.  Two  others. 

Q.  Did  you  open  them  ?     A.  Yes. 

Q.  Do  you  know  how  you  opened  them?  A.  I  know  I  usually 
open  them  by  tearing  off  the  ends. 

Q.  I  ask  you  if  you  remember  how  you  opened  them?  A.  No;  I 
do  not  remember  just  how  I  opened  them. 

Drinking  in  the  Library. 

Mr.  HiNKSON — Miss  Patton,  you  spoke  of  having  drank  champagne 
in  the  library;  where  did  j^ou  drink  that  champagne  ?  A.  I  drank 
it  in  the  office. 

Q.  With  whom?    A.  With  Mr.  Maddox. 

Q.  Senator  Maddox  ?    A.  Yes. 

Q.  Was  Mr.  Wallis  present?    A.  He  came  in  ;  yes. 

Q.  What  time  in  the  day  was  it  that  you  drank  the  champagne? 
A.  It  was  about  seven  o'clock  in  the  evening. 

Q.  How  long  were  you  and  he  there  together  drinking  champagne? 


62 

A.  I  suppose  we  were  there  half  an  hour  or  three  quarters  altogether, 
counting  the  different  ones  that  came  in. 

Q.  Was  the  library  closed  at  that  time?    A.  No  ;  it  was  open. 

Q.  Was  the  Legislature  in  session  or  adjourned  ?  A.  The  Legis- 
lature had  adjourned. 

Q.  Did  you  ever  drink  in  the  private  office  at  any  time  with  Mr. 
Owen  ?    A.  No ;  I  never  did. 

Q.  Did  you  ever  furnish  Mr.  Owen  with  liquor  back  there?  A. 
No. 

Q.  Did  you  ever  see  Mr.  Owen  drink  any  of  Mr.  Wallis'  liquor? 
A.  No. 

Q.  Did  you  ever  invite  any  one  to  drink  in  the  office  yourself — 
any  other  gentleman  ?     A.  No  ;  except  Mr.  Maddox. 

Q.  No  one  except  Mr.  Maddox  ?    A.  No. 

Q,.  Did  you  ever  invite  any  correspondent  of  any  newspaper  to 
drink  in  the  office  yourself?  A.  Yes  ;  I  remember  at  the  time  that 
I  invited  Mr.  Maddox  that  I  said  to  Mr.  Townsend,  of  the  Call,  that 
we  had  a  bottle  of  champagne  and  invited  him  to  call  in. 

Q.  One  botttle  for  three  of  you  ?     A.  Yes  ;  one  bottle. 

Q.  You  and  your  friends  had  your  jollification  and  drinking  when 
Mr.  Wallis  was  not  there?  A.  Mr.  Wallis  was  there,  and  he  came 
in  and  drank. 

Q.  He  was  more  sociable  than  you.  He  joined  you  in  your  jolli- 
fication, but  you  did  not  join  with  his  friends  when  he  was  drink- 
ing? A.  No;  his  friends  and  mine  were  of  a  different  class,  and  I 
did  not. 

Q.  What  was  the  character  of  his  friends?  A.  Well,  if  I  judged 
ajl  that  went  in  there  to  drink  it  was  rather  a  mixed  class. 

Q.  Now,  is  it  not  true  that  nearly  all  of  the  gentlemen  that  drank 
with  Mr.  Wallis  were  State  officers  and  members  of  the  Legislature? 
A.  I  do  not  know  whether  they  were  or  not  members  of  the  Legis- 
lature ;  I  never  saw  any  State  officers  in  there  drinking. 

Q.  You  have  given  us  your  judgment  about  the  class.  If  you  do 
not  know  whether  they  were  State  officers,  how  do  you  know  that  it 
was  mixed?    A.  I  judged  by  their  appearance. 

Q.  Have  not  you  often  seen  State  officers  in  there  drinking?  A. 
State  officers  ? 

Q.  Yes;  State  officers?     A.  I  do  not  think  I  ever  saw  State  officers. 

Q.  Did  you  ever  see  Mr.  January  drink  in  there — the  State  Treas- 
urer— drink  in  that  office.     A.  I  think  I  have. 

Q.  How  often?  A.  I  do  not  know  that  I  ever  saw  him  drink  in 
there  more  than  two  or  three  times;  I  do  not  remember  positively. 

Q.  Did  you  ever  see  Governor  Stoneman  drink  in  there  ?    A.  No. 

Q.  Did  you  ever  see  Governor  Stoneman  in  there  when  they  were 
drinking?     A.  No. 

Q.  Did  you  see  Mr.  Thompson  drinking  there — the  Secretary  of 
State?    A.  No. 

Q.  Did  you  ever  see  Mr.  Dunn,  the  Controller,  drinking  in  there? 
A.  No. 

Q.  Did  you  ever  see  General  Cosby  drinking  in  there?    A.  No. 


63 

Mr.  HoLL — Did  you  ever  see  Mr.  Hinkson  drinking  in  there  ?  A. 
No. 

Mr.  Hinkson — I  will  state,  for  the  information  of  the  gentleman, 
that  I  have  drank  there. 

Q.  Do  you  know  that  a  State  officer  drank  very  often  there?  A.  I 
only  know  that  he  drank  when  I  have  seen  him. 

Q.  Did  you  not  tell  Mr.  Wallis  not  to  let  him  have  any  more 
liquor,  that  he  w^as  getting  too  much?  A.  No;  I  told  Mr.  Wallis 
what  Mr.  Murphy  told  me  to  tell  him. 

Q.  What  did  he  tell  you?  A.  He  told  me  to  tell  him  to  stop 
allowing  the  State  officer  to  go  in  there,  and  if  he  kept  anything  in 
there  to  stop  it;  not  let  him  have  any,  and  I  told  him. 

Q.  I  will  ask  you  again,  do  you  not  remember  of  inviting  the  cor- 
respondent of  the  San  Francisco  Post  in  to  drink?     A.  No. 

Q.  Are  you  positive  of  that?    A.  Yes;  I  am  positive. 

Q.  Did  not  you  ask  him  to  come  in  and  get  some  "cold  tea"  in  the 
library?    A.  No. 

Q.  Did  not  you,  in  view  of  the  fact  that  the  correspondent  of  the 
Post  had  been  writing  some  correspondence  commendatory  to  your- 
self, invite  him  in  to  drink,  and  did  not  you  tell  him  to  tell  Mr. 
Wallis  to  let  him  have  something  to  drink  whenever  he  wanted? 
A.  No;  the  correspondent  came  in  one  day  to  see  if  he  could  get  a 
drink,  and  it  was  closed. 

Q.  Did  he  try  to  open  the  door?    A.  Yes. 

Q.  You  spoke  of  there  being  a  mixed  crowd  in  there — tell  me  who 
were  there  drinking?  •  A.  I  could  not  tell  who  they  were.  I  did  not 
know  them. 

Q,  You  only  know  that  they  were  a  mixed  crowd  from  their 
appearance?    A.  Yes. 

Q.  Were  they  gentlemanly  appearing  men?  A.  I  could  not  say 
that  they  were  not  gentlemanly  appearing. 

Q.  What  peculiarity  did  you  observe  in  the  crowd  that  led  you  to 
observe  that  it  was  a  mixed  crowd?  A.  I  think  when  there  are 
eight  or  ten  gentlemen  drinking  and  smoking,  that  it  is  verj'-  differ- 
ent from  one  person  and  gentlemen  whom  you  consider  your  friends. 

Q.  That  is  the  only  reason  you  have  for  believing  that  it  was  a 
mixed  crowd?     A.  No. 

Q.  What  other  reason  have  you?    A.  From  their  appearance. 

Q.  You  say  from  their  appearance.  Have  you  any  other  reason, 
and  if  so  please  state  it?  If  you  have  any  other  reason  why  you 
think  that  it  was  a  mixed  crowd,  please  state  it?  A.  I  said  that  from 
their  appearance  I  judged  them  to  be  a  mixed  crowd. 

Q.  Were  not  they  a  genteel  appearing  class  of  gentlemen  in  there 
drinking?    A.  Some  of  them  were  not  exceedingly  so. 

Q.  How  did  they  average;  were  they  men  of  average  appearance 
for  respectability?  A.  I  suppose  so.  They  came  from  a  Democratic 
Legislature.     I  suppose  that  would  speak  enough  for  them. 

Q.  You  thought  it  was  a  fair  average  for  a  Democratic  Legislature? 
A.  Yes ;  very  fair. 

Q.  Did  not  you  take  Mr.  Moffatt,  of  Los  Angeles,  in  there  and 
treat  him?    A.  No. 


64 

Q.  Did  you  ever  see  Mr.  Moffatt  drink  in  there?  A.  No;  I  do  not 
remember  of  seeing  him  drink  in  there. 

Q.  Did  you  ever  see  Mr.  Cravens  drink  in  there?    A.  No. 

Q.  Did  you  ever  see  him  in  there  when  a  crowd  was  drinking?  A. 
I  do  not  think  I  ever  saw  him  in  there  with  a  crowd. 

Q.  Was  he  one  of  the  mixed  crowd  that  you  have  ever  seen  in 
there  at  any  time?     A.  No. 

Oyening  and  Detention  of  Letters. 

Mr.  HoLL — The  letter,  of  which  a  part  is  here 

Mr.  Johnson — There  is  no  letter  here. 

Mr.  HoLL — I  want  to  ask  you  whether  that  envelope  bore  marks 
by  which  a  person  could  tell  where  it  came  from,  and  whether  it 
came  from  a  particular  place,  and  whether  there  was  a  business  card 
or  something  of  that  kind  on  the  outside  ? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent,  and 
leading,  and  that  tlie  envelope  itself  is  the  best  evidence,  and  that 
she  having  destroyed  the  envelope  intentionally,  she  is  not  to  be 
permitted  to  testify  in  regard  to  it. 

The  objection  was  overruled  by  the  Board. 

A.  Yes ;  it  bore  the  stamp  of  the  Mercury  office. 

Mr.  HoLL — Who  publishes  the  Mercury?    A.  Mr.  J.  J.  Owen. 

Q.  It  bore  the  stamp  of  the  office  of  the  newspaper  of  which  he  is 
the  publisher?    A.  Yes. 

Q.  From  that,  Mr.  Wallis  or  anybody  else  knew  that  that  letter 
came  from  the  Mercury  office?     A.  Yes. 

Q.  Now  I  want  to  ask  you  a  question  that  I  ought  to  have  asked 
you  on  your  direct  examination,  and  I  will  have  to  ask  the  permis- 
sion of  the  Board  to  let  me  put  a  leading  question  to  avoid  asking  a 
great  many  questions.  Did  you  ever  state  to  anybody  in  the  City  of 
Sacramento,  or  elsewhere,  that  the  reason  Mr.  Wallis  desired  your 
resignation  was,  that  he  had  made  improper  proposals  to  you,  and 
that  you  had  rejected  them,  or  language  implying  anything  of  that 
kind.  Did  you  ever  make  such  a  statement  to  anybody  in  the  City 
of  Sacramento  or  elsewhere?     A.  No;  never. 

Q.  I  also  wanted  to  ask  you  in  your  direct  examination,  but  it 
escaped  me — tell  whether  you  ever  saw  Mr.  Wallis  in  the  library 
when  he  was  under  the  influence  of  liquor?  A.  I  saw  him  once 
when  he  was  considerably  under  the  influence. 

Q.  The  letter  that  came  through  Wells-Fargo — did  that  bear  the 
stamp — the  same  stamp  that  the  other  letter  did  on  the  outside?  A. 
No. 

Q.  That  did  not?    A.  No;  that  was  in  a  Wells-Fargo  envelope. 

Mr.  Johnson — When  was  that  you  say  you  saw  Mr.  Wallis  under 
the  influence  of  liquor?     A.  It  was  during  the  Legislature. 

Q.  The  fore  part  or  the  last  part?  A.  I  can  tell  you  what  occurred 
that  day,  and  you  probably  can  remember  just  when  it  was.  It  was 
the  day  that  they  voted  whether  this  cabinet  should  be  removed  or 
not.    That  was  the  day. 

Q.  And  the  bill  to  remove  it  was  defeated,  was  it  not?     A.  Yes. 


65 

Q;  And  he  felt  glad  over  it,  or  was  he  sorry,  or  do  you  know  any- 
thing about  it?  A.  I  do  not  know  anything  about  Mr.  Wallis'  feel- 
ings in  regard  to  that. 

Q.  Do  you  remember  whether  it  was  morning,  noon,  or  evening? 
A.  It  was  about  four  or  five  o'clock  in  the  afternoon  that  I  saw  him. 
It  nii^lit  have  been  a  little  later. 

Q.  Do  you  know  T.  W.  Shoehan,  of  the  Record-Union — Col.  .Shee- 
han?     A.  Yes;  I  have  met  him. 

Q.  Did  you  ever  have  any  conversation  with  him  about  Mr.  Wal- 
lis?    A.  No. 

Q.  None  whatever?     A.  No. 

Q.  Do  you  know  John  N.  Larkin,  of  the  Sacramento  Leader?  A. 
Yes. 

Q.  Did  you  ever  have  any  conversation  with  him  about  Mr.  Wallis 
and  the  reasons  for  your  removal?  A.  Yes;  I  had  an  interview  with 
Mr.  Larkin. 

Q.  Did  you  have  a  conversation  with  Col.  Sheehan  in  reference  to 
Mr.  Wallis  and  the  reasons  for  your  removal  from  the  library?  A. 
I  never  had  any  conversation  with  Mr.  Sheehan;  I  have  not  seen 
the  gentleman  1  do  not  think  since  this  occurred. 

Q.  Sinc€  what  occurred?     A.  My  removal. 

Q.  Did  you  make  to  Mr.  Larkin  a  statement  such  as  Judge  Holl 
intimated  in  his  question  to  you  in  reference  to  the  cause  of  your 
removal?     A.  No. 

Q.  Do  you  know  John  A.  Sheehan,  one  of  the  editors  of  the 
Leader?    A.  Yes,  I  have  met  him. 

Q.  Did  you  have  any  such  a  conversation  with  him?    A.  No. 

Mr.  Holl — You  said  that  you  wanted  to  make  a  statement  to  the 
Board?  A.  I  merely  wanted  to  ask  the  question  how  they  knew 
those  letters  were  from  Mr.  Owen — any  letters  that  I  might  receive; 
I  would  like  to  know  how  they  knew  they  were  from  Mr.  Owen. 


Testimony  of  Mrs.  Zimmerman. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  Holl — What  is  your  name?  A.  Simply  call  me  Mrs.  Zimmer- 
man ;  I  simply  want  to  pass  for  Mrs.  Zimmerman. 

Q.  What  is  your  name?     A.  Mrs.  Zimmerman. 

Q.  Do  you  know  Mr.  Wallis?  A.  Yes,  I  have  known  him  for  a 
number  of  years. 

Q.  The  State  Librarian?     A.  Yes. 

Opening  and  Detention  of  Letters. 

Q.  Did  you  meet  him  at  one  time  on  the  cars  going  from  here  to 
San  Francisco,  when  he  spoke  to  you  about  matters  connected  with 
the  library ;  did  you  have  any  sucli  a  conversation  with  him  ;  did  you 
meet  him  on  the  cars  and  did  you  have  a  conversation?  A.  Some 
time  in  July 

9 


66 

Q.  Of  this  year?  A.  Of  this  year.  I  started  on  the  early  morn- 
ing train  and  I  met  Mr.  Wallis  at  the  corner  of  Seventli  and  K 
Streets.  He  stopped  and  shook  hands  with  me.  We  are  old  acquaint- 
ances and  old  friends,  and  he  said,  "  I  want  you  to  call  up  at  the 
library  after  you  come  back  ;  I  have  some  business  that  I  wish  to  talk 
to  you  about."  I  looked  at  him  very  much  surprised,  and  I  said, 
"  What  is  it?"  He  said,  "I  cannot  tell  you  now,  but  I  wish  you 
would  call."  I  said,  "  By  the  way,  I  am  going  to  San  Francisco,  Mr. 
Wallis."  He  said  "  I  am  going,  too."  I  was  very  much  surprised  at 
his  requesting  me  to  come  to  the  library  on  business,  because  he  had 
been  a  great  friend  of  mine  and  I  have  come  here  for  books  for  years. 
On  the  train  he  came  in,  and  I  was  sitting  with  a  lady,  and  he  sat 
down  on  the  arm  of  the  seat,  and  we  had  a  short  conversation  on  the 
train  going  to  San  Francisco.  He  did  not  state  his  business  to  me, 
why  he  wished  me  to  call  at  the  library,  but  I  talked  with  him  about 
his  trouble  and  about  this  investigation,  and  I  felt  very  badly  about 
it,  because  I  thought  a  great  deal  of  Miss  Patton  and  a  great  deal  of 
Mr.  Wallis,  and  thej^  were  both  great  friends  of  mine.  I  said,  "By 
the  way,  Mr.  Wallis,  what  about  the  letter  that  they  said  that  you 
opened  of  Miss  Patton's?"  He  said,  "  There  is  a  true  inwardness 
about  this  stor3%  and  at  the  investigation  it  will  all  come  out,  but  do 
you  suppose  that  I  would  allow  letters  to  go  into  the  library  and  I 
deliver  them  out,  and  in  those  letters  there  are  charges  made  against 
me — a  conspiracy  being  carried  on,  and  I  not  know  about  it?"  I 
looked  at  him,  thinking  that  he  still  had  the  letter  in  his  possession 
and  still  undelivered,  and  I  made  no  other  remark  about  it.  That 
is  tlie  very  language  that  man  used  to  me.     I  am  positive. 

Q.  Who  was  present  with  you?  A.  A  Mrs.  Glascom — I  think 
that  is  her  name.  She  lives  on  J  Street,  over  Cohen's  carpet  store. 
Whether  she  heard  it  or  not  I  cannot  say.  She  was  looking  out  of  the 
window,  and  there  was  a  Mr.  Lavenson,  an  ex-member  of  the  late 
Assembly,  sitting  right  behind  me.  If  he  heard  it  or  not  I  do  not 
know.  We  talked  together,  Mr.  Lavenson  and  myself,  and  he  came 
and  sat  down  near  me  and  we  talked  over  the  matter,  and  I  felt  bad 
about  this  trouble  and  we  talked  about  it.  He  did  not  remark  to 
me  that  he  heard  our  conversation,  and  I  did  not  ask  him,  but  I 
think  he  heard  it. 

Q.  Who  is  Mr.  Lavenson?  A.  Mr.  Lavenson?  His  name  is  N. 
K.  Lavenson,  605  Clay  Street,  San  Francisco. 

Q.  What  business  did  he  have,  if  any,  here  last  Winter?  A.  He 
was  an  Assemblyman. 

Q.  An  Assemblyman  from  San  Francisco  ?     A.  Yes. 

Q.  And  he  lives  where?  A.  At  605  Clay  Street,  his  office  is.  I 
took  his  address  that  day  because  I  had  some  business  that  I  wished 
him  to  attend  to  in  San  Francisco. 

Q.  Have  you  stated  all  the  conversation  in  reference  to  the  letters? 
A.  I  have,  sir. 

Q.  That  you  had  at  that  time  with  Mr.  Wallis?     A.  I  have,  sir. 

Q.  That  was  the  whole  of  the  conversation  about  it?  A.  His 
answer  liurt  me  so  that  I  did  not  speak  about  the  letter  again. 


67 

Cross-examination. 


Mr.  JOHNSON- 


The  Witness — Well,  may  I  be  allowed  to  say  something  here?  It 
would  be  some  explanation  in  regard  to  some  of  the  other  charges, 
and  as  I  am  called  here,  I  would  like  to  make  it. 

Mr..EDGERTON — You  need  not  make  it. 

Mr.  Johnson — Pardon  my  question,  but  I  always  understood  your 
name  was  Mrs.  Holton? 

A.  I  believe  the  law  of  the  land  allowed  me  a  marriage  certificate, 
and  gave  me  the  name  of  Zimmerman,  so  that  I  am  Mrs.  Zim- 
merman. 

Q.  Did  you  not  teach  school  here  in  Sacramento  for  awhile?  A. 
That  is  my  business  ;  yes. 

Q.  When  you  taught  in  Sacramento  City,  it  was  Mrs.  Holton?  A. 
I  was  not  John  B.  Zimmerman's  wife  then. 

Q.  Were  you  not  Mrs.  Holton  then  ?     A.  Yes. 

Q.  You  have  been  married  since  you  quit  teaching  school?  A.  I 
was  married  in  eighteen  hundred  and  something. 

Q.  You  do  not  remember  when  ?     A.  No. 

Q.  Do  you  know  where  your  husband  is?  A.  I  did  a  few  days 
ago  ;  he  left  here  on  Monday  to  attend  to  some  property  that  we  have 
a  few  miles  from  here ;  I  expect  him  back  on  Saturday. 

Q.  Did  you  have  any  conversation  with  Mr.  Wallis  after  this 
romantic  episode  on  the  cars?  A.  I  never  met  the  gentleman  since; 
oh,  excuse  me;  I  came  to  the  library  on  this  particular  business  that 
he  wished  to  see  me  on,  and  had  a  .short  conversation  in  the  office 
room,  but  it  was  not  in  regard  to  the  library. 

Q.  None  whatever?     A.  None  whatever. 

Q.  Did  not  you  have  a  conversation  with  him  in  the  presence  of 
Frank  Freeman,  in  reference  to  this  unfortunate  trouble  between 
him  and  Miss  Patton,  and  Mr.  Owen?  A.  That  was  not  a  private 
conversation. 

"Q.  I  ask  you  if  you  had  a  conversation  ?    A.  Yes. 
•Q.  In  the  course  of  that  conversation,  did  you  say  that  you  could 
settle  all  the  difficulties  between  them?     A.  I  did  not;  but  I  said  I 
would  try. 

Q.  Did  not  you  say  you  could?  A.  I  said  I  would  try,  and  I  did 
try.  I  have  been  to  one  or  two  of  the  Trustees.  I  did  not  write  to 
Mr.  Owen,  because  I  did  not  think  that  I  had  any  influence  \vitli  Mr. 
Owen.     But  I  went  to  Mr.  Edgerton,  and  I  went  to  Mr.  Johnson. 

Q.  Which  Mr.  Johnson?     A.  Trustee  Johnson. 

Q.  You  considered  that  you  had  influence  with  those  gentlemen? 
A.  Not  that  I  had  influence,  but  I  considered  that  maybe  if  I  talked 
to  them  they  would  use  their  influence  with  Mr.  Owen  and  Miss  Pat- 
ton  and  Mr.  Wallis,  and  settle  this  business,  which  I  did  not  think 
ought  to  be  carried  on  at  all.  As  I  said  to  Mr.  Edgerton,  I  thought 
that  the  examination  would  only  bring  up  bad  feelings  and  bad 
thoughts,  and  1  did  not  want  to  be  used  as  a  witness  in  it. 

Q.  Did  you  say  anything  to  Mr.  Matt.  Johnson?  A.  I  think  I  did. 
I  told  him  that  I  wished  he  would  see  if  he  could  settle  the  matter, 
and  I  asked  him  if  he  had  any  influence  with  Mr.  Freeman.     I  did 


68 

not  know  Mr.  Freeman  at  all,  but  I  was  acquainted  with  Mr.  John- 
son. I  did  not  know  Mr.  Edgerton,  but  I  introduced  myself,  because 
I  have  a  great  friendship  for  Miss  Patton,  and  also  for  Mr.  Wallis. 
They  have  been  very  kind  to  me  in  allowing  me  books.  I  said  to 
Mr.  Gunn  and  others  that  I  wished  I  could  settle  it,  but  T  did  not 
know  how  to  do  it,  only  by  talking  to  these  people. 

Q.  Who  spoke  first  when  he  came  and  sat  down  on  the  arm  of  the 
car  seat,  you  or  Mr.  Wallis?    A.  I  do  not  remember. 

Q.  Who  spoke  last?  A.  I  do  not  remember.  We  were  talking 
about  different  things. 

Q.  Who  spoke  about  the  library  matter  first,  you  or  Mr.  Wallis? 
A.  I  think  I  did;  I  am  quite  sure  I  did. 

Q.  Whom  did  you  first  tell  about  that  first  conversation?  A.  I 
told  a  lady  in  San  Francisco. 

Q.  What  lady?     A.  Mrs.  Theald. 

Q.  A  friend  of  Miss  Patton's?  A.  No,  I  do  not  know.  She  may 
be  a  friend  of  hers;  I  do  not  know  anything  about  that;  people's 
friendships  are  so  peculiar  in  this  world. 

Q.  Did  you  ever  tell  Miss  Patton  about  it?  A.  I  never  did.  I 
have  tried  to  find  Miss  Patton,  but  I  could  not  find  her. 

Q.  Did  you  ever  tell  Judge  Holl  about  it?    A.  I  did. 

Q.  When?  A.  When  he  called  on  me  as  a  witness,  and  I  tried  to 
get  him  to  settle  this  row,  and  I  scolded  about  it  terribly,  and  I  said 
I  did  not  want  to  be  a  witness. 

Q.  That  is  the  first  person  you  ever  told  about  it — Mrs.  Theald? 
A,  I  had  not  seen  Miss  Patton ;  I  tried  to  find  her. 

Q.  Have  you  ever  told  anybody  else  but  Mrs.  Theald  ?  A,  Yes,  I 
have  told  one  other  person. 

Q.  Whom  ?    A.  I  told  J.  J.  Owen. 

Q.  When  did  you  tell  Mr.  Owen?  A.  When  I  was  in  San  Fran- 
cisco a  Chronicle  reporter  called  on  me.  How  they  found  out  I  was 
there, or  why  they  thought  I  should  know  anything  about  this  library, 
I  do  not  know.  He  asked  me  some  very  peculiar  questions,  and  some 
very  ugly  ones,  about  the  drinking  here,  and  I  went  on  and  told  what 
I  had  seen  and  had  heard,  and  then  I  went  on  and  told  him  that  the 
library  was  conducted  on  a  very  good  plan,  and  when  I  found  out 
that  he  was  a  Chronicle  reporter  I  would  not  have  anything  to  do 
with  him,  and  he  asked  me  about  Miss  Patton,  and  I  would  not  reply, 
and  it  seems  as  if  Mr.  Owen  had  heard  from  some  source  that  Mrs. 
Theald  would  make  him  a  good  witness,  and  I  was  visiting  her,  and 
Mr.  Owen  called  on  Mrs.  Theald  one  morning — one  Sunday  morn- 
ing— and  it  seems  as  if  Mrs.  Theald  was  an  entire  stranger  to  him, 
too,  because  I  introduced  her  to  him,  and  he  seemed  to  be  very  much 
surprised  to  think  that  I  was  there,  and  he  was  talking  to  her  and 
questioning  her  in  regard  to  the  library  and  the  drinking  there,  and 
she  said  that  she  had  drank  whisky  witli  Mr.  Wallis  there,  and  I 
know  that  I  saw  her  do  so  myself,  and  I  told  her  that  I  would  not  be 
so  unladylike  as  that,  as  to  drink  whisky  in  a  place  like  this.  Mr. 
Owen  told  her  that  he  did  not  want  her  as  a  witness,  but  he  wanted  me. 

Q.  That  satisfied  his  perturbed  spirits  as  far  as  that  was  concerned? 
A.  I  do  not  know.     I  did  not  know  I  was  telling  him  anything  so 


69  ' 

very  bad  or  so  very  good,  but  I  told  him  the  truth,  and  lie  said  he 
wanted  me  as  a  witness,  and  I  came  back  with  the  determination 
that  if  I  could  settle  this  trouble  I  would  do  so,  and  I  have  done  my 
best  and  could  not  do  it. 

Mr.  HoLL— At  the  time  that  Mr.  Wallis  made  this  statement  about 
the  letters  to  you,  what  was  his  condition  for  sobriety;  was  he  en- 
tirely sober,  o'r  what  was  it?  A.  Well,  Mr.  Wallis  has  a  very  exu- 
berant disposition—jolly;  but  I  did  think  that  he  had  been  drinking 
whisky,  as  I  kind  of  thought  he  had.  It  was  very  early  in  the  morn- 
ing,    i  do  not  wish  to  say  that  he  had. 

Q.  Did  you  think  that  he  was  tight,  or  did  you  not;  whether  he 
was  under  the  influence  of  liquor  or  not?  A.  Well,  if  it  was  my 
husband  that  was  so  jolly  as  he  was,  and  if  I  could  smell  whisky  on 
him  as  plainly  as  I  did  on  Mr.  Wallis,  I  would  say  he  had  been 
drinking,  but  I  would  not  say  to  my  husband  that  he  was  drunk, 
because  he  was  not  drunk,  but  he  was  very  jolly — he  was  a  little  too 
jolly. 


AFTERNOON    SESSION. 

Mr.  Johnson — We  would  like  to  have  the  name  of  Hon.  J.  S.  Wal- 
lis added  as  one  of  the  counsel  in  this  case.  We  intended  to  do  it 
yesterday  morning,  but  it  was  forgotten. 

Mr.  Edgerton — The  reporter  will  make  a  note  of  that. 

Testimony  of  Miss  M.  A.  Patton — Recalled. 
Untruthfulness  of  Librarian. 

Mr.  HoLL — This  forenoon,  when  you  were  on  the  stand,  I  forgot  to 
ask  you  as  to  one  matter  upon  which  I  desire  to  have  your  testimony. 
Were  yon  present  at  any  time  when  Mr.  Wallis  and  Judge  McKune 
talked  over  the  matter  of  Mr.  Wallis'  election  to  the  position  that 
he  now  holds?     Answer — Yes. 

Q.  Will  you  please  state  to  the  Board  what  Mr.  Wallis  said  at  that 
time  in  reference  to  the  influences  that  induced  some  of  the  mem- 
bers of  the  Board  to  vote  for  him? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent,  and 
not  covered  by  any  of  the  charges  in  this  case,  and  that  it  all  occurred 
prior  to  Mr.  Wallis  being  Librarian. 

Mr.  HoLL — Subsequent  to  his  election,  I  mean. 

Mr.  Johnson — It  all  occurred  prior  to  his  taking  his  office  as  Libra- 
rian. These  conversations  occurred  prior  to  Mr.  Wallis  assuming 
the  duties  of  Librarian,  and  therefore  the  matter  is  not  covered  by 
the  charges,  and  it  is  not  a  proper  subject  for  inquiry  by  this  Board. 

The  objections  were  overruled  by  the  Board. 

Mr.  HoLL — Please  state  what  Mr.  Wallis  said  in  that  conversation 
fully,  and  state  all  that  you  recollect  about  it?  A.  Mr.  Wallis  was 
talking  of  a  party  that  stood  on  the  outside  of  the  door,  that  was 
determined  that  Mr.  Edgerton  should  vote  for  Mr.  Wallis.     He  said 


70 

that  this  party  stood  there,  just  as  pale  as  a  cloth,  and  that  Mr. 
Edgerton  came  in  just  as  pale  as  a  cloth.  That  is  the  point  that  I 
remember  about  it  in  regard  to  Mr.  Edgerton.  He  did  not  tell  me 
the  name  of  the  party  that  stood  on  the  outside. 

Q.  What  further  explanation  did  he  make  as  to  what  caused  this. 
Mr.  Wallis,  in  that  conversation  with  Judge  McKune,  represented 
that  Mr.  Edgerton  came  in  as  pale  as  a  cloth?     A.  Yes. 

Q.  And  he  said  that  the  man  on  the  outside  was  as  pale  as  a  cloth? 
A.  Yes. 

Q.  Did  he  explain  why  these  gentlemen  looked  so  pale?  A.  Well, 
the  understanding  I  had  of  it — I  have  told  you  just  what  he  said. 

Mr.  Edgerton — Do  I  understand  you  that  Mr.  Edgerton  came  in 
as  pale  as  a  cloth?  A.  I  have  repeated  the  language,  as  I  remem- 
ber it. 

Mr.  HoLL — What  brought  about  that  conversation?  A.  It  was  a 
general  conversation  in  regard  to  his  fight,  and  he  was  telling  how 
Judge  Belcher  went  back  upon  him,  and  how  Mr.  Crane  went  back 
upon  him,  and  that  Mr.  Edgerton  was  going  to  go  back  upon  him, 
but  he  had  promised  this  man,  and  this  man  would  not  allow  Mr. 
Edgerton  to  go  back  on  his  word  to  him. 

Q.  Then,  in  connection  with  that  statement,  it  was  stated  about 
these  gentlemen  being  so  pale — that  followed  immediately?    A.  Yes. 

Q.  Just  go  on  and  state  about  that;  after  he  said  tliat  Mr.  Edger- 
ton was  disposed  to  go  back  upon  him — then  what  followed?  A. 
Then  he  told  us  that  there  was  a  gentleman  on  the  outside  that  stood 
there,  and  he  was  determined  that  Mr.  Edgerton  should  stand  bv 
Mr.  Wallis. 

Q.  What,  if  anything,  was  said  about  Mr.  Edgerton  coming  in  and 
looking  pale? 

Mr.  Johnson — She  has  repeated  that  twice. 

Mr.  HoLL — How  many  of  those  conversations — more  than  one — did 
you  hear  between  Mr.  Wallis  and  Mr.  McKune  about  this  election? 
A.  No,  only  one  that  I  remember  of. 

Q.  How  long  after  the  election  of  Mr.  Wallis  did  this  take  place? 
A.  It  was  last  Winter  that  this  conversation  took  place  in  his  office. 

Q.  In  whose  office?     A.  In  Mr.  Wallis'  office. 

Q.  This  last  Winter?    A.  Yes. 

Q.  Who  was  present  at  that  time?  A.  Judge  McKune  and  Mr. 
Wallis. 

Q.  Any  one  else  except  yourself?  A.  I  do  not  think  any  one  else 
was  present;  I  am  not  certain  that  there  was. 

Cross-examination. 

Mr.  Johnson — Is  not  it  a  little  singular  that  Judge  McKune  did 
not  remember  that  conversation?     A.  I  do  not  know. 

Q.  The  Judge  has  been  a  witness  here,  and  he  has  testified,  and  he 
put  the  conversation  about  nine  or  ten  months  before  you  put  it.  Is 
it  at  all  singular  that  you  and  he  should  be  so  widely  apart?  A.  I 
do  not  know;  I  think  Judge  McKune  had  more  than  one  conversa- 
tion with  Mr.  Wallis,  did  he  not? 


71 

Q.  The  Judge  said  he  only  had  two,  and  one  took  place  the  very 
dayiind  the  other  about  two  weeks  afterwards.  You  have  located 
this  one  about  nine  or  ten  months  after  his  election.  Would  not 
you  consider  it  a  rather  singular  matter  that  Judge  McKune  would 
not  remember  tliat  conversation?  Are  you  positive  that  conversa- 
tion occurred?     A.  I  am  very  positive  of  it. 

Q.  You  did  not  dream  it?    A.  No;  I  did  not. 

Q.  You  are  sure  of  that?     A.  Yes;  I  am  sure  of  that. 

Q.  Was  it  before  or  afterwards  that  the  Legislature  was  in  session? 
A.  It  was  before  the  Legislature  was  in  session. 

Q.  Do  you  remember  what  month  it  was?     A.  No.  ' 

Q.  Or  whether  it  was  Summer,  Spring,  or  Fall?  A.  I  remember  it 
was  a  rainy  day,  and  that  it  was  late  in  the  rainj'  season. 

Q.  Do  you  remember  whether  it  was  before  or  after  the  State  Fair? 
A.  It  was  after  the  State  Fair,  I  think. 

Q.  Do  you  remember  what  month  the  State  Fair  was  held  last 
year?     A.  September. 

Q.  Are  you  sure  of  that?  A.  No;  I  am  not  sure;  I  am  quite  sure 
it  was  in  September.  ♦ 

Q.  Do  not  you  know  as  a  matter  of  fact  that  they  postponed  it  until 
October  last  year?     A.  Did  they? 

Q.  Do  not  you  know  as  a  matter  of  fact  that  the  State  Fair  last 
year  was  postponed  until  October?    A.  No;  I  do  not. 

Q.  What  is  your  best  recollection  about  that?  A.  I  am  not  both- 
ering my  memory  with  remembering  anything  about  the  State  Fair. 
I  think  there  was  one  here;  I  rather  suspect  there  was. 

Q.  It  is  jjurely  a  suspicion,  is  it?  It  is  not  a  certainty?  A.  I  am 
quite  certain  there  was  a  State  Fair  here. 

Q.  You  are  not  certain  as  to  the  month?     A.  No. 

Q.  Now,  was  the  name  of  any  person  mentioned  at  the  time  you 
say  you  had  this  conversation  or  heard  this  conversation  between 
Judge  McKune  and  Mr.  Wallis?  A.  Mr.  Edgerton's  name  was  men- 
tioned, and  Mr.  Belcher's  name  was  mentioned,  and  Mr.  Crane's 
name  was  mentioned. 

Q.  Anybody  else?  A.  Yes;  I  think  Mr.  Owen's  name  was  men- 
tioned. 

Q.  Anybody  else?     A.  No. 

Q.  Is  that  the  only  conversation  you  ever  heard  between  Judge 
McKune  and  Mr.  Wallis?     A.  No. 

Q.  I  mean  in  reference  to  the  proceedings  attendant  upon  his 
election?     A.  Yes;  that  is  the  only  conversation. 

Q.  Where  did  you  say  that  took  place?     A.  In  the  office. 

Q.  Whose  office?    A.  Mr.  Wallis'  office. 

Q.  In  the  daytime  or  evening?     A.  Daytime. 

Q.  Were  you  in  there  on  business?  A.  I  was  in  there  sitting  by 
the  fire,  the  grate. 

Q.  Somebody  else  was  attending  to  your  work  then?  A.  No,  there 
was  no  one  attending  to  it. 

Q.  It  was  just  running  itself  ?  A.  Yes;  it  was  cold  in  the  room, 
and  there  was  a  grate  there  and  I  was  sitting  by  the  fire,  and  when 
anybody  came  in  I  came  out  and  attended  to  them. 


72 

Mr.  HoLL — What,  if  an3'thing,  did  Judge  McKune  reply  to  Mr. 
Wallis  at  that  time — what  did  he  say  to  him?  A.  I  remembor  of 
Judge  McKune  making  this  remark,  that  that  was  pretty  hard  to 
believe. 

Q.  Why?  A.  I  do  not  know  why,  only  it  seemed  unreasonable  to 
him,  I  think. 

Q.  Was  that  the  only  remark  that  was  made  to  Mr.  Wallis  by 
Judge  McKune?     A.  No,  it  was  not  the  only  one. 

Q.  In  reference  to  this  matter?  A.  I  do  not  remember  of  any 
other. 

Q.  Did  he  say  why  he  thought  it  was  unreasonable?     A.  No. 

Q.  Do  j'ou  recollect  the  full  answer  now,  the  full  remark  that 
Judge  McKune  made  at  that  time,  as  to  why  he  thought  it  was 
improbable  and  a  hard  thing  to  believe?  A.  Yes,  I  do  remember 
that  he  said  that  Mr.  Edgerton  was  no  coward,  and  he  would  not  be 
influenced  by  any  personal  influence  of  that  kind. 

Q.  That  was  the  reason  that  it  was  hard  for  him  to  believe  the 
statement?    A.  Yes. 

Consjnracy  against  Librarian. 

Mr.  Johnson — You  know  where  the  Bee  office  is  in  this  city?  A. 
I  could  not  tell  you  what  street  it  is  on. 

Q.  You  have  been  there?     A.  Yes. 

■Q.  Did  you  go  there  in  company  with  Judge  McKune,  and  ask 
Mr.  McClatchy  to  insert  some  articles  denunciatory  of  Mr.  Wallis? 
A.  I  went  to  the  office  with  Judge  McKune. 

Q.  Answer  the  question :  Did  you  ask  Mr.  McClatchy  to  insert 
some  articles?     A.  I  did  not. 

Q.  Did  Judge  McKune?  A.  I  do  not  know  what  Judge  McKune 
said. 

Q.  Were  not  you  there?    A.  He  did  not  say  anything  to  me. 

Q.  Were  not  you  there  at  the  time  ?    A.  I  was ;  yes. 

Q.  Was  your  hearing  as  good  then  as  it  was  when  you  say  you 
heard  this  conversation?     A.  Yes,  ray. hearing  is  very  good. 

Q.  Did  you  hear  that  conversation?     A.  I  refuse  to  answer. 

Q.  You  do  not  choose  to  answer  that  question  ?  A.  No;  let  Judge 
McKune  answer  for  himself. 

Mr.  HoLL  objected,  as  not  cross-examination. 

Mr.  Edgerton — The  Board  thinks  the  testimony  is  admissible  to 
this  extent,  so  far  as  the  witness  is  concerned,  but  not  as  to  Judge 
McKune,  because  it  is  not  in  cross-examination. 

Mr.  HoLL — So  far  as  she  is  concerned  she  has  answered  the  ques- 
tion. 

Mr.  Johnson — Did  you  hear  that  conversation  ?  Did  you  hear  that 
conversation  in  the  Bee  office?    A.  Yes;  I  heard  the  conversation. 

Q.  Will  you  please  repeat  it? 

Objected  to. 

Q.  Did  you  accompany  Judge  McKune  there  or  did  he  accompany 
you — that  is,  did  he  go  at  your  request,  or  did  you  go  at  his  request? 


73 

A.  I  think  he  said  he  would  take  me  around  and  introduce  me  to 
Mr.  McClatchy. 

Q.  Did  you  ask  him  to?     A.  I  do  not  think  I  did. 

Q.  Was  it  voluntary  on  his  part?  A.  I  do  not  remember  whether 
I  asked  him  to  go  with  me  or  not,  but  I  do  not  think  I  asked  him  to 
go.  He  was  talking  about  knowing  Mr.  McClatchy  very  well,  and 
that  he  would  go  around  with  me  and  introduce  me  if  I  wished  to  go. 

Q.  Had  you  told  him  you  wanted  to  go  to  see  Mr.  McClatchy?  A. 
I  do  not  think  I  did.     Of  course  he  knew  I  wanted  to  go. 

Q.  He  knew  you  wanted  to  go  to  see  Mr.  McClatchy? 

Mr.  HoLL — State  the  conversation?  A.  Well,  I  cannot  state  the 
conversation,  because  I  do  not  recall  it. 

Mr.  Johnson — Do  I  understand  you  that  you  come  here  to  testify 
to  what  Judge  Holl  tells  you  to  testify  to?    A.  No. 

Q.  You  come  here  prepared  to  answer  just  such  questions  as  he 
wishes  you  to  answer,  and  to  decline  to  answer  those  that  he  tells 
you  not  to,  or  do  you  come  here  prepared  to  answer  any  question 
that  is  put  to  you  ?  A.  I  came  here  with  the  expectation  of  answer- 
ing every  question  that  is  reasonable  and  that  will  have  anything  to 
do  with  this  case. 

Q.  What  did  Judge  McKune  ask  Mr.  McClatchy  in  your  presence? 
A.  Well,  I  am  unable  to  tell  you  what  Judge  McKune  said  to  Mr. 
McClatchy  in  my  presence,  because  there  was  a  very  long  conversa- 
tion, and  to  attempt  to  repeat  all  of  it  I  certainly  could  not  do  it. 

Q.  Can  you  tell  the  substance  of  it?  Can  you  tell  us,  generallj'', 
what  it  was  about;  whether  it  was  in  praise  or  in  dispraise — to  use 
the  expression — of  Mr.  Wallis?  A.  It  was  not  very  flattering  to 
Mr.  Wallis,  I  do  not  think. 

Q.  Do  not  you  know  that  it  was  quite  denunciatory  of  Mr.  Wallis? 
A.  He  was  talking  mostly 

Q.  Just  answer  my  question  first.  Do  not  you  know  that  it  was  quite 
denunciator}^  of  Mr.  Wallis  ?    A.  Quite  so. 

Q.  Were  you  not  referred  to  every  now  and  then  by  Judge  McKune 
as  being  able  to  corroborate  the  statements  he  made?     A.  Yes. 

Q.  And  did  not  you  assent  at  those  times?     A.  Yes. 

Q.  Now,  let  me  ask  you  once  again  and  see  if  we  understand 
each  other:  are  you  able  now  to  tell  the  Board  as  to  whose  idea  it 
was,  your  calling  with  Judge  McKune  upon  Mr.  McClatchy,  whether 
it  was  a  voluntary  move  on  his  part,  and  that  you  went  there  at  his 
suggestion  and  request,  or  whether  you  went  there  at  your  own  sug- 
gestion and  he  accompanied  you?  A.  It  was  arranged  between  us 
that  we  should  go  around  there  and  have  a  talk  with  Air.  McClatchy. 
He  was  an  old  friend  of  his,  and  he  thought  in  that  way  that  he 
could  assist  me. 

Q.  Did  he  put  the  idea  into  your  head  first  to  call  on  Mr.  Mc- 
Clatchy. or  did  you  speak  to  him  first,  that  you  wanted  to  interview 
the  newspapers?  A.  I  might  have  done  it  myself.  I  might  have 
said,  that.I  would  like  to  see  Mr.  McClatchy,  but  I  do  not  remember 
positively  of  asking  him  to  go  with  me,  but  I  may  have  said  I  wished 
to  see  him. 

10 


74 

Q.  Is  not  it  a  little  singular  that  you  cannot  remember  that  matter 
definitely.    What  month  was  that?     A.  It  was  in  July. 

Q.  Of  this  year?    A.  Yes. 

Q.  Subsequent  to  your  receiving  a  letter  from  Mr.  Wallis  announc- 
ing your  removal,  or  expected  removal?     A.  Yes. 

Q.  You  remember  these  other  matters  that  took  place  a  year,  and 
more  than  a  year  ago.  Why  is  it  that  you  cannot  remember  in 
reference  to  that?  A.  Well,  there  was  a  great  deal  said,  and  I  did 
not  bother  my  mind  with  it. 

Q.  I  mean  as  to  whether  or  not  you  asked  Judge  McKune  to  go 
with  you,  or  whether  he  asked  you  to  go  with  him.  Why  is  it  that 
you  cannot  remember  that?  A.  Because  it  was  not  an  invitation 
from  either  party.  It  came  around  in  the  conversation.  He  wanted 
to  do  all  that  he  could  for  me,  and  he  thought  that  in  that  way  he 
could  assist  me,  by  going  and  making  my  statement  to  Mr.  Mc- 
Clatchy. 

Q.  Was  the  matter  discussed  between  you  as  to  how  it  would  assist 
you  to  make  a  statement  to  Mr.  McClatchy?  A.  No;  not  especially 
as  to  how  it  would. 

Q.  In  what  manner  did  you  expect  it  would  aid  you — in  "  bull- 
dozing" the  Board,  or  in  having  an  influence  over  the  Board,  or  in 
correcting  Mr.  Wallis,  or  in  influencing  Mr.  Wallis,  or  in  punishing 
Mr.  Wallis?  A.  It  was  that  others  might  not  misrepresent  me  to 
the  Bee.  1  wished  them  to  understand  my  side  of  it.  That  was  my 
intention. 

Q.  It  was  for  your  protection,  and  not  for  your  assistance?  A.  If 
they  chose  to  be  of  assistance,  that  was  their 

Q.  It  was  to  protect  you,  and  not  to  assist  you?  A.  Well,  protec- 
tion is  assistance. 

Q.  Did  you  ask  him  to  publish  any  articles?     A.  No;  I  did  not. 

Q.  Did  Judge  McKune,  in  your  presence?  A.  No;  he  did  not,  but 
Mr.  McClatchy  told  him  if  he  would  write  an  article  he  would  pub- 
lish it. 

Q.  That  was  all  that  was  said  about  the  article?     A.  Yes. 

Q.  Did  he  state  that  he  would  require  his  name  to  be  signed  to  it? 
A.  No. 

Q.  Was  there  an  article  published?  A.  I  believe  there  did  an 
article  appear  in  the  Bee. 

Q.  Did  you  furnish  it?     A.  No;  I  did  not. 

Q.  Do  you  know  who  furnished  it?     A.  I  think  I  do. 

Q.  Who  was  it?     A.  It  was  Judge  McKune. 

Q.  Did  you  see  it  before  it  was  published?     A.  Yes. 

Q.  Did  you  assist  in  correcting  it  or  in  changing  it?     A.  No. 

Q.  Or  to  make  it  weaker  or  stronger?     A.  No. 

Q.  You  yourself  made  no  corrections  or  changes  in  it  at  all?  A. 
None  whatever. 

Q.  Do  you  remember  the  signature  to  it?     A.  Yes. 

Q.  What  was  it?     A.  It  was  "Silex." 

Q.  You  was  satisfied  with  that  article?    A.  Very  well. 

Q.  You  indorsed  the  article,  and  was  willing  that  it  should  be  pub- 
lished?    A.  Yes;  I  was  willing. 


75 

Q.  You  approved  its  publication?    A.  I  did  not  object  to  it. 

Q.  Did  you  approve  it;  were  you  satislied  that  it  should  be  pub- 
lished?   A.  Yes. 

Q.  And  it  was  submitted  to  you  before  its  publication?  A.  And  I 
appro ve<l  it. 

Q.  Did  you,  in  connection  with  Judge  McKune,  prepare,  or  attempt 
to  prepare,  any  other  communication  for  the  newspapers  for  publi- 
cation ?     A.  No. 

Q.  Did  you  visit  the  house  of  Mrs.  Pockman  in  this  city,  in  com- 
pany with  Judge  McKune,  and  wdiile  there,  prepare,  or  attempt  to 
prepare,  a  communication  for  the  papers?  A.  I  never  visited  the 
house  of  Mrs.  Pockman  with  Judge  McKune,  therefore,  I  could  not 
have  done  it. 

Mr.  HoLL — I  offer  that  article  in  the  Bee  in  evidence. 

Mr.  HiNKSON — I  object  to  it,  unless  I  have  an  opportunity  to  read 
the  article. 

Mr.  HoLL — At  what  time  did  this  matter  occur,  of  going  to  the 
Bee  office,  as  regards  the  time  when  this  letter  was  written  to  you  by 
Mr.  Wallis?  A.  I  received  the  letter  on  Tuesday  morning,  and  on 
Saturday  we  went  to  the  Bee  office — the  following  Saturday. 

Q.  In  this  letter  that  you  received,  you  had  been  attacked  by  Mr. 
Wallis  as  an  incompetent  person  to  discharge  the  duties  of  the  posi- 
tion that  you  held  in  the  library  at  that  time,  had  you  not  ? 

Mr.  Johnson  objected,  on  the  ground  that  the  letter  is  the  best 
evidence. 

Mr.  HoLL — Look  at  that  letter,  and  see  if  that  is  the  letter  that 
you  had  received  from  Mr.  Wallis,  and  whether  that  produced  a 
desire  upon  your  part  to  have  the  Bee  understand  your  side  of  the 
question,  on  the  controversy  that  is  raised  by  that  letter? 

Mr.  Johnson  objected,  as  leading,  irrelevant,  immaterial,  incompe- 
tent, and  not  responsive  to  anj^  of  the  issues  in  this  case. 

The  objection  was  overruled  by  the  Board. 

Mr.  HoLL — Is  that  the  letter?  A.  This  is  a  copy  of  the  letter  that 
was  sent  to  me ;  this  is  not  the  one  that  was  sent  to  me. 

Mr.  Johnson — I  object  to  it  because  it  is  a  copy. 

The  Board  sustained  the  objection. 

Mr.  HoLL — Is  it  a  correct  copy?    A.  It  is  a  correct  copy. 

Q.  Where  is  the  original?     A.  At  my  house. 

Q.  Have  you  the  original  at  your  house?    A.  Yes. 

Q.  How  long  did  you  say  that  letter  was  received  by  you  before 
you  went  to  the  Bee  office  as  you  have  stated?  A.  I  received  it  on 
Tuesday  morning,  and  I  went  to  the  Bee  office  on  the  following  Sat- 
urday. 

Q.  On  the  following  Saturday  ?     A.  Yes. 

Q.  What  did  you  desire  the  Bee  office  to  do  or  to  understand; 
what  purpose  did  you  have  ingoing  there;  what  was  j'our  errand 
there?  A.  That  Mr.  McClatchy  might  have  an  understanding  of 
my  side  of  the  story,  and  of  the  case  in  regard  to  the  troubles  in  the 
library. 

Q.  Your  side  of  the  difficulty  that  M^as  referred  to  in  this  commu- 
nication that  you  had  received?    A.  Yes. 


76 

Q.  And  it  was  with  that  view  that  you  went,  and  Judge  McKune 
accompanied  you?    A.  Yes. 


Testimony  of  Albert  Hart. 
Called  and  sworn  on  behalf  of  the  prosecution. 
Correspondence  of  Library. 

Mr.  HoLL — What  position  did  you  ever  occupy  in  the  State  Library 
of  California?     Answer — Deputy  Librarian  for  ten  years. 

Q.  For  how  long?     A.  Nine  or  ten  years. 

Q.  Who  was  Librarian  at  that  time?    A.  W.  C.  Stratton. 

Q.  During  the  ten  years  you  were  in  the  library,  under  Mr.  Strat- 
ton, who  conducted  the  correspondence?     A.  Mr.  Stratton. 

Q.  Of  the  library? 

Mr.  Johnson  moved  to  strike  out  the  last  answer,  as  irrelevant, 
immaterial,  and  incompetent,  and  not  responsive  to  any  issue  in  this 
case,  and  not  illustrative  of  any  proposition  advanced  in  this  case. 

Mr.  HoLL — I  propose  to  show  by  Mr.  Hart,  who  was  in  the  library, 
under  Mr.  Stratton,  for  ten  years,  that  the  Librarian,  the  principal 
man,  during  all  that  time,  witli  very  few  exceptions,  conducted  the 
correspondence  with  foreign  institutions,  and  with  different  States, 
in  fact,  the  general  correspondence  that  was  required  to  carry  into 
effect  the  system  of  exchange,  and  I  also  propose  to  prove  it  by  Mr. 
Cravens. 

At  this  point  the  witness  was  temporarily  withdrawn. 


Testimony  of  C.  E.  Miller. 
Called  and  sworn  on  behalf  of  the  prosecution. 
Opening  and   Detention  of  Letters. 

Mr.  HoLL — What  position  did  you  occupy  last  April?  Answer — 
Letter  Clerk  for  Wells,  Fargo  &  Co. 

Q.  Did  you  deliver  the  letters?  Was  that  a  part  of  your  business 
to  deliver  letters  ?    A.  Yes. 

Q.  You  remember  a  certain  occasion  of  an  inquiry  being  made  of 
you  about  that  time,  as  to  the  delivery  of  the  letter  here,  at  the 
library,  addressed  to  Miss  Patton,  and  a  telephone  message  being 
telephoned  down  to  the  office  of  Wells,  Fargo  &  Co.,  making  inquiry, 
and  of  Miss  Patton  calling  there  afterwards  and  making  inquiries 
about  it.     A.  No. 

Q.  Did  you  ever  see  Miss  Patton  in  the  office  of  Wells,  Fargo  &  Co.? 
A.  I  believe  I  did,  once  or  twice. 

Q.  You  remember  her  calling  there  to  make  inquiries  about  a  let- 


77 

ter?  I  simply  do  this  to  refresh  your  memory.  A.  No;  I  do  not 
remember. 

Q.  Do  you  remember  her  calling  there?    A.  Yes. 

Q.  Do  you  remember  what  her  business  was  there?  A.  No,  I  could 
not  say. 

Q.  How  many  times  did  you  see  her  there?  A.  I  believe  it  was 
twice. 

Q.  You  remember  what  her  business  was  at  either  time?    A.  No. 

Q.  Did  you  ever  deliver  any  letters  here  in  the  office?     A.  Yes. 

Q.  Did  you  ever  deliver  any  to  her?  A.  Not  to  her  personally.  I 
delivered  some  to  her  house. 

Q.  Did  you  ever  deliver  any  addressed  to  her  here  at  the  library? 
A.  Yes. 

Q.  In  April  last,  or  about  that  time?  A.  No;  I  do  not  believe  it 
was  as  late  as  that. 

Q.  Do  you  remember  bringing  a  letter  to  the  office  that  was  ad- 
dressed to  Miss  Patton  and  delivering  it  to  Mr.  Wallis,  the  Librarian; 
giving  it  to  him?    A.  No. 

Q.  You  have  no  recollection  of  it  at  all?     A.  No. 

Q.  Do  you  remember,  about  that  time,  of  any  inquiry  being  made 
of  you  as  to  whether  you  did  deliver  any  such  a  letter — you  remem- 
ber of  any  inquiry  being  made?     A.  No;  I  do  not. 

Q.  Do  you  remember  the  circumstance  of  the  telephone  being  used 
from  the  Secretary  of  State's  office  to  make  any  inquiry?     A.  No. 

Q.  You  have  no  recollection  of  such  a  circumstance  at  all?  A. 
No. 

Q.  Occurring  at  any  time?     A.  No. 

Q.  You  remember  delivering  a  letter  here,  addressed  to  R.  0.  Cra- 
vens, some  time  in  January  of  last  year?     A.  No;  I  do  not. 

Q.  Did  any  one  else  deliver  letters  from  Wells,  Fargo  &  Co.  but 
you?    A.  Yes. 

Q.  Whom?    A,  A  young  man  named  Charles  Gensler. 

Q.  During  the  same  time  that  you  were  there?     A.  No. 

Q.  Were  vou  engaged  in  delivering  letters  in  January  and  April 
last?    A.  Yes. 

Q.  Did  any  one  else  during  that  time?     A.  No. 

Q.  In  January,  February,  and  April?     A.  No  one  but  me. 

Q.  Do  you  remember  whether  you  frequently  delivered  letters 
here?     A.  No;  not  at  that  time. 

Q.  At  what  time  did  you?  A.  When  I  first  got  the  position — it 
was  in  the  month  of  October. 

Q.  Of  last  year — 1882?  A.  Yes;  I  brought  two  or  three  letters 
around  here,  and  then  Miss  Patton  said  she  would  like  to  have  them 
delivered  at  her  house,  and  she  would  get  them  sooner  than  when  I 
brought  them  here. 

Q.  You  say  you  donot  remember  anything  about  any  telephonic 
communication  with  the  office?     A.  No. 

Q.  Or  of  any  one  in  the  office  speaking  to  you  and  asking  you 
about  sucli  a  letter?    A.  No;  not  that  I  remember  of. 


78 

Testimony  of  Felix  Tracy. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — Do  you  remember  of  any  inquiry  being  made  at  your 
office,  through  the  telephone,  about  the  delivery  of  a  letter  here 
addressed  to  Miss  Patton  in  April  last  ?  Answer — No ;  those  inqui- 
ries are  made  so  often  that  I  would  not  recollect  any  particular  one. 

Q.  You  do  not  now  recall  that  particular  inquiry?  A.  No;  they 
telephone  us  very  often  from  the  office  of  the  Secretary  of  State 
about  business  in  the  different  departments  in  the  Capitol.  It  might 
have  occurred  and  I  not  recollect  it. 


Testimony  of  Miss  M.  A.  Patton — Recalled. 

Mr.  HoLL — Is  that  the  messenger  boy  that  told  you  when  this 
letter  was  delivered  here  ?    Answer — Yes. 

Q.  Where  was  that,  here  or  at  the  express  office?  A,  At  the 
express  office. 


Testimony  of  Albert  Hart — Resumed. 
Correspondence  of  Library. 

Mr.  Edgerton — The  majority  of  the  Board  are  of  opinion  that 
the  evidence  is  not  admissible.  It  is  in  evidence  already  that  the 
larger  part  of  this  correspondence  was  conducted  by  Mr.  Gunn  under 
the  supervision  of  Mr.  Wallis.  The  fact  that  it  was  done  by  Mr. 
Gunn  and  under  the  direction  of  Mr.  Wallis,  coupled  with  the  fact 
that  somebody  else  pursued  a  different  course,  would  not  justify  the 
inference  that  Mr.  Wallis  was  incompetent.  If  you  can  show  that 
he  was  incompetent,  or  that  injurious  consequences  followed  from  it, 
I  think  it  would  be  competent. 

Mr.  HoLL — During  the  time  that  you  were  in  the  library,  under 
the  law  controlling  the  institution,  whose  duty  was  it  to  conduct  the 
correspondence  of  the  library,  to  establish  the  system  of  exchange, 
and  for  the  purpose  of  conducting  the  correspondence? 

Mr.  Johnson  objected ;  that  the  law  was  the  best  evidence,  and  that 
the  question  is  irrelevant,  immaterial,  and  incompetent. 

The  Board  sustained  the  objection. 


Testimony  of  R.  0.  Cravens — Recalled. 

Untruthfulness  of  Librarian. 

Mr.  HoLL — Will  you  examine  that  record  there,  and  see  whether 
you  can  find  the  minutes  of  the  Board  of  Trustees  at  the  time  that 
Mr.  Wallis  was  elected  ?    Answer — Yes. 


79 

Q.  Who  was  Clerk  of  the  Board  at  that  time?    A.  I  was. 

Q.  Did  you  keep  a  correct  record  oi"  what  transpired  before  the 
Board  at  the  time  of  the  meeting  when  Mr.  Wallis  was  elected?  A. 
I  did. 

Q,.  Does  tliat  contain  a  correct  statement  of  all  that  transpired? 
A.  It  contains  a  correct  record  of  the  business  of  the  Board. 

Q.  In  liis  election  ?     A.  Yes. 

Q.  And  the  action  that  they  took  in  relation  to  the  election  of 
Librarian?    A.  Yes. 

Mr.  HoLL — We  offer  that  record  in  evidence. 

Mr.  Cravens — It  was  approved  by  the  Board  at  a  subsequent  meet- 
ing. 

Mr.  HoLL — We  offer  it  for  the  purpose  ot  showing  that  Mr.  Wallis 
made  false  statements  of  what  occurred  at  that  time  before  the  Board 
of  Trustees,  and  I  ask  that  the  record  be  read. 

Mr.  Johnson — We  have  no  objection. 

Mr.  Cravens  read  the  record  of  the  proceedings  of  the  Board  of 
Trustees  on  February  28,  1882,  as  follows: 

"California  State  Library,  ) 

"Sacramento,  February  28,  1882.  j 

"The  new  Board  of  Trustees,  to  wit:  I.  S.  Belcher,  W.  W.  Crane, 
Henry  Edgerton,  A.  C.  Freeman,  and  J.  J.  Owen,  presented  their 
commissions,  and  it  also  appearing  that  they  had  each  taken  the  oath 
of  office  required  by  law,  were  called  to  order  by  R.  0.  Cravens,  State 
Librarian  and  Secretary. 

"The  Board  organized  b}^  electing  A.  C.  Freeman  President. 

"A  communication  was  received  from  the  Republican  Central 
Committee  of  the  City  of  Sacramento,  protesting  against  the  election 
of  Talbot  H.  Wallis  State  Librarian,  on  the  ground  that  he  is  not  a 
Republican ;  also,  a  communication  from  Albert  Hart,  presenting 
himself  as  a  candidate  for  State  Librarian. 

"On  motion  of  Mr.  Crane,  the  communications  were  received,  and 
laid  upon  the  table  for  furthur  consideration. 

"  Mr.  Owen  moved  that  the  Board  proceed  to  elect  a  State  Libra- 
rian to  fill  the  vacancy,  which  will  occur  on  the  expiration  of  the 
term  of  R.  0.  Cravens.     Adopted. 

"The  following  persons  were  named  as  candidates  for  State  Libra- 
rian, viz.:  Talbot  H.  Wallis,  Albert  Hart,  E.  C.  Hart,  J.  V.  Cheney, 
W.  A.  Cheney,  and  A.  S.  Bender. 

"The  roll  was  called,  with  the  following  result:  For  Albert  Hart 
—I.  S.  Belcher.  For  A.  S.  Bender— W.  W.  Crane.  For  Talbot  H. 
Wallis — Henry  Edgerton,  A.  C.  Freeman,  and  J.  J.  Owen. 

"The  President  declared  that  Talbot  H.  Wallis,  having  received  a 
majority  of  all  the  votes,  was  duly  elected  State  Librarian. 

"  Mr.  Belcher  moved  that  the  election  be  made  unanimous. 
Adopted. 

"  Mr.  Edgerton  moved  that  the  Board  proceed  to  recommend 
subordinates.     Adopted,    • 


80 

"On  motion,  N.  E.  White  was  unanimously  recommended  for 
Deputy  in  the  Law  Library. 

"  Tlie  following  persons  were  placed  in  nomination  for  recom- 
mendation as  Deputy  in  the  General  Library,  viz:  Miss  M.  A.  Pat- 
ton,  Miss  Kate  V.  Darling,  and  Mrs.  M.  D.  Page. 

"The  roll  was  called,  with  the  following  result:  For  Miss  M.  A. 
Patton — Henry  Edgerton,  A.  0.  Freeman,  and  ,1.  J.  Owen.  For  Miss 
Kate  y.  Darling— L  S.  Belcher.     For  Mrs.  M.  D.  Page— W.  W.  Crane. 

"  Miss  M.  A.  Patton  having  received  a  majority,  was  declared  the 
choice  of  the  Board  for  Deputy  in  the  General  Library. 

"On  motion,  Frank  Freeman  was  unanimously  recommended  for 
Porter. 

"On  motion,  the  Secretary  was  directed  to  notify  the  Librarian 
elect  of  his  election,  and  also  of  the  recommendation  of  subordi- 
nates. 

"On  motion,  A.  C.  Freeman  was  appointed  to  audit  bills  against 
the  State  Library  Fund. 

"Adjourned  to  April  6,  1882,  at  one  o'clock  p.  m. 

"R.  0.  Cravens,  Secretary." 

Mr.  HoLL — Does  that  contain  all  the  motions  that  were  made  by 
the  members  of  the  Board  ?     A.  I  think  it  does,  sir. 

Q.  And  a  correct  record  of  all  the  proceedings  had  in  reference  to 
the  election  of  Librarian?     A.  Yes. 

Q.  And  the  action  that  was  had  upon  it?    A.  Yes. 

Q.  What  occurred  at  that  election  that  is  not  in  that  record,  if 
anything,  in  reference  to  the  election  of  Librarian — in  reference  to 
any  difficulty  between  the  members  of  the  Board  about  the  election? 
A.  There  was  no  difficulty  between  any  members  of  the  Board  about 
the  election. 

Q,.  Did  Mr.  Owen  get  up  in  that  meeting  and  denounce  Mr. 
Edgerton  because  he  did  not  vote  for  Mr.  Wallis?    A.  No. 

Q.  Nothing  of  that  kind  occurred?    A.  No. 

Cross-examination. 

Mr.  Johnson — Was  anything  said  by  any  members  of  the  Board 
during  the  deliberations?  A.  There  were  some  desultory  conversa- 
tions, but  I  did  not  think  that  it  was  proper  to  go  into  the  records. 

.Q.  You  put  in  the  business,  and  the  motions  that  were  made  and 
carried  about  the  business?     A.  Yes. 

Q.  Was  not  there  a  great  deal  of  discussion?  A.  There  was  con- 
siderable discussion ;  there  was  some  discussion,  and  something  was 
said  about  the  charges  against  Mr.  Wallis,  and  something  about  his 
politics,  and  something  about  his  qualitications. 

Q.. It  was  discussed  at  considerable  length,  was  it?  A.  I  do  not 
know  how  long,  whether  an  hour,  or  two  hours,  or  half  an  hour ; 
there  was  considerable  discussion. 

Q.  You  did  not  care  about  that;  you  was  an  outsider?  A.  I  was 
an  outsider. 


81 

Q.  You  rather  enjoyed  the  discussion?  A.  No,  I  do  not  know 
that  I  did. 

Q.  There  was  some  warmth  displayed  by  some  of  the  members? 
A.  I  do  not  think  there  was,  Mr.  Johnson;  there  was  no  crimi- 
nations. 

Q.  I  do  not  mean  any  unkindness?  A.  Of  course  Mr.  Owen  was  a 
particuhir  friend  of  Mr.  Wallis,  and  he  defended  Mr.  Wallis  from 
those  accusations  that  had  been  made  against  him. 

Q.  Did  not  he  do  it  with  a  great  deal  of  earnestness;  that  is  a 
characteristic  of  the  man  ?  A.  Yes;  of  course  like  any  person  who 
is  acting  in  a  representative  capacity  as  the  friend  of  another. 

Q.  Did  not  Mr.  Freeman  make  a  speech  in  reference  to  the  polit- 
ical predilections  and  political  record  of  Mr.  Hart,  in  answer  to 
remarks  that  were  made  by  Mr.  Belcher?  A.  Mr.  Freeman  made 
some  remarks  about  Mr.  Hart,  that  neither  Mr.  Hart,  nor  himself, 
nor  some  other  members  of  the  Board,  had  always  been  true. 

Q.  To  their  parties?     A.  To  their  parties. 

Q.  That  all  of  you — Mr.  Edgerton,  Mr.  Cravens,  Mr.  Hart,  and  Mr. 
Freeman — had  all  slopped  over  from  the  regular  parties  once  in 
awhile?  A.  I  do  not  know  as  it  was  about  myself,  but  about  some 
others  who  were  present. 

Q.  That  discussion,  as  you  say,  lasted  a  considerable  length  of 
time?     A.  There  was  considerable  of  it;  yes. 

Q.  As  a  matter  of  fact,  do  not  you  remember  that  during  that  dis- 
cussion some  members  of  the  Board  left  the  room  before  the  ballot 
was  had,  and  then  came  back?     A.  I  think  so. 

Q.  Do  you  not,  as  a  matter  of  fact,  remember  that  Mr.  Edgerton 
was  called  out  and  then  that  he  came  back  into  t.lie  room?  A.  Mr. 
Edgerton? — I  am  not  certain.  I  think  probably  that  Mr.  Edgerton 
got  up  and  walked  the  floor  awhile,  and  Mr.  Edgerton  and  Mr. 
Owen,  or  some  two  of  the  Trustees,  walked  back  to  the  bookcase 
and  had  a  little  private  conversation  some  time  during  the  proceed- 
ing and  then  went  out.  I  think  verj^  likely  he  did  go  out;  I  am  not 
certain  whether  he  did  or  not;  perhaps  some  of  the  others  did. 

Q.  All  that  you  aimed  to  put  in  that  record  is  simply  what  a 
Secretary  ought  to  do;  that  is,  a  cold  record  of  the  business  trans- 
actions?   A.  Yes. 

Q.  You  have  not  attempted  to  give  any  remarks,  nor  any  discus- 
sions, nor  anything  except  what  I  have  stated?  A.  No,  in  reporting 
proceedings  of  a  Board  for  the  newspapers  it  would  be  perhaps  fuller 
than  this. 

Q.  Do  you  remember  tliat  the  newspapers  did  have  an  account  of 
it?  A.  I  do  not  remember  whether  they  did  or  not;  I  did  not  furnish 
an^^ 

Q.  Do  not  you  remember  that  they  did  have  one?  A.  I  think 
they  did;  but  to  what  extent  I  do  not  remember.  I  think  I  was 
called  on  by  some  reporter  of  the  press,  and  I  said  that  I  would  not 
furnish  it  unless  I  had  permission  to  do  so — that  1  never  would 
reveal  the  transactions. 

Mr.  HoLL — If  Mr.  Edgerton  had  made  a  motion  to  continue  the 

11 


82 

election  of  Librarian  to  some  other  time,  and  upon  that  motion  Mr. 
Owen  had  made  a  speech  denouncing  Mr.  Edgerton,  and  saying  that 
it  was  done  for  the  purpose  of  defeating  Mr.  Wallis,  such  a  motion 
would  appear  in  your  record?  A.  Certainly,  if  such  a  motion  was 
made. 

Q.  Was  such  a  motion  made?     A.  No;  I  think  not. 

Q.  Was  any  such  speech  made,  or  any  such  motion?  A.  No;  I  do 
not  think  that  matter  was  discussed.  I  do  not  think  the  subject  of 
postponing  the  election  was  mentioned. 

Mr.  Johnson — Would  that  motion  appear  on  the  minutes  unless 
it  was  put  to  a  vote?  If  it  was  made,  and  not  put  to  a  vote,  would  it 
appear  on  the  minutes?  A.  If  it  had  been  made  as  a  motion,  and 
seconded,  it  would  have  appeared. 

Q.  Suppose  it  had  been  simply  made  and  no  action  taken  on  it? 
A.  It  might  have  been  made  as  a  suggestion,  and  not  as  a  motion. 
It  w^ould  not  appear  on  the  minutes  if  it  was  made  as  a  suggestion, 
but  if  it  came  in  the  shape  of  a  motion  it  would  have  been  on  the 
minutes. 

Q.  You  remember  whether  any  suggestion  was  made  in  reference 
to  postponing?    A.  I  do  not  remember  of  any. 

Q.  Do  you  remember  whether  Mr.  Owen  made  any  remark  at  that 
time  about  postponement,  that  a  postponement  meant  defeat  and 
opposition  to  Mr.  Wallis,  etc.,  or  anything  of  that  kind?  A.  I  do 
not  remember  of  anything  of  that  kind ;  I  do  not  remember  of  any 
discussion.  I  know  Mr.  Owen  talked  considerable,  but  I  do  not 
remember. 

Q,.  Mr.  Owen  did  the  bulk  of  the  talking  at  that  meeting,  did  he  not  ? 
A.  Yes;  I  think  Mr.  Owen  talked  more  than  any  one  else. 

Mr.  Edgerton — Was  there  the  slightest  disagreement  between  Mr. 
Owen  and  Mr.  Edgerton  on  that  occasion,  in  reference  to  anything 
in  that  meeting?     A.  Not  on  the  surface,  sir,  so  far  as  I  could  discern. 

Mr.  HoLL — You  were  Secretary?     A.  Yes. 

Q.  You  kept  the  records  of  the  business?     A.  Yes. 

Q,.  If  there  had  been  any  difficulty  between  any  of  the  members 
there,  that  would  have  impressed  itself  on  your  mind  ?  A.  Yes ;  as 
to  a  postponement,  there  might  have  been  some  suggestion  of  that 
kind,  but  it  never  came  in  the  shape  of  a  business  proposition. 

Q.  You  do  not  recollect  it?  A.  I  do  not  recollect  whether  there 
was  or  not. 


Testimony  of  Howard  Johnson. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — What  is  your  position  in  the  Secretary  of  State's  office? 
Answer — Assistant. 

Q.  Were  you  here  during  the  session  of  the  last  Legislature?  A. 
I  was,  sir. 

Q.  Do  you  know  Mr.  Wallis,  the  Librarian?    A.  I  do,  sir. 

Q-  Have  you  been  in  the  library  frequently  during  last  Winter? 
A.  Yes ;  very  frequently. 


83 

DrinJcing  hi  Library. 

Q.  State  to  this  Board  what  you  know,  if  anytliing,  about  tlie 
library  being  resorted  to  by  persons  who  desired  to  drink  whisky — 
any  portion  of  the  library  being  used  for  the  purpose  of  drinking. 
State  what  you  know  of  it?  A.  Well,  I  cannot  say  that  I  have  seen 
many  people  in  Mr.  Wallis'  private  office  drinking. 

Q.  State  what  you  did  see?  A.  Well,  I  have  probably  seen  three 
take  a  drink  in  his  office. 

Q.  How  often.     How  many  times  ?    A.  Weil,  twice,  I  believe. 

Q.  Two  different  times?     A.  Yes. 

Q.  Where  was  that.  What  part  of  the  library?  A.  In  his  private 
office. 

Q.  That  was  all  during  the  session  of  the  Legislature  that  you 
noticed  people  there  drinking?  A.  Now,  I  cannot  say  whether  it 
was  during  the  Legislature,  or  after.     I  disremember. 

Q.  You  disremember?     A.  Yes. 

Q.  Do  you  know  of  your  own  knowledge  whether  liquors  were 
kept  in  that  part  of  the  building?     A.  I  do. 

Q.  Have  you  any  knowledge  as  to  the  quantity  or  the  amount  of 
liquors  that  are  kept  there  on  hand  ?  A.  Well,  I  have  seen  a  demi- 
john of  whisky  in  there. 

Q.  More  than  one  at  a  time?  A.  I  have  seen  demijohns  there; 
other  demijohns  there,  I  think,  but  I  am  not  positive  what  they  con- 
tained. 

Q.  Such  demijohns  as  whisky  is  usually  contained  in?  A.  It 
might  have  been  wine. 

Mr.  HiNKsoN — Or  vinegar? 

Deportment  of  Librarian. 

Mr.  HoLL — He  might  have  been  trying  to  pickle  something. 

Q.  You  saw  a  good  deal  of  Mr.  Wallis  during  the  time  that  you 
have  been  here  in  the  State  House?    A.  I  have,  sir. 

Q.  You  have  been  in  the  library  frequently  and  have  seen  Mr. 
Wallis  here?    A.  Yes. 

Q.  And  talked  with  him  ?     A.  Yes. 

Q.  You  saw  the  manner  in  wiiicli  he  conducted  himself  as  a  State 
officer?     A.  Yes. 

Q.  What  has  been  his  conduct  as  a  Librarian  and  as  a  State  officer  ? 
What  have  you  observed,  if  anything,  that  attracted  your  attention  ? 
A.  Well,  I  liave  always  observed  that  Mr.  Wallis'  manner  was  a 
little  brusque,  and  that  he  was  probably  louder  in  his  speech  than 
he  should  have  been. 

Q.  If  your  attention  has  been  called  to  him  by  anything?  A.  I 
never  considered  him  extremely  courteous  to  visitors. 

Q.  Why  not;  what  has  he  done;  what  have  you  observed  about  it 
that  made  you  think  so?  A.  Merely  the  mannerisms  of  being 
brusque,  and  judging  from  tiie  man's  character  I  supposed  that  he 
was  a  man  that  would  ride  over  anybody  if  opportunity  presented. 
That  is  merely  my  own  judgment. 


84 

Mr.  Johnson  moved  to  strike  out  the  answer,  because  it  was  a  sup- 
position on  the  part  of  the  witness,  and  the  Board  directed  it  to  be 
stricken  out. 

Mr.  HoLL — I  simply  want  you  to  state  what  you  have  seen  in  Mr. 
Wallis  in  reference  to  his  manner  of  conducting  himself  and  the 
business  there.  State  if  you  remember  of  any  circumstance  which 
made  an  impression  on  your  mind,  and  relate  the  circumstance 
instead  of  your  impression?  A.  Well,  I  have  noticed  it  very  often 
with  myself  inquiring  for  books  in  tlie  library  and  the  answers  that 
I  received.     In  fact  I  was  impressed  that  his 

Mr.  Ball — Do  not  give  your  impressions,  please.  Tell  us  what  he 
did. 

Mr.  HoLL — What  was  the  peculiarity  about  the  answers  that  he 
would  give  you.  State  what  there  was  about  his  answers  that 
attracted  your  attention?  A.  Well,  lean  onlj^  tell  you  that  which 
impressed  me.  I  do  not  remember  any  conversations  that  I  had 
with  liim.     I  could  not  tell  you  the  sentences. 

Q.  You  do  not  remember  the  language  that  made  the  impression 
on  your  mind,  but  you  remember  the  impression?  A.  I  remember 
the  impressions;  yes. 

Cross-exaw.ination — Drinking  in  Library. 

Mr.  Johnson — Did  you  drink  at  the  time  that  you  were  in  the 
office?     A.  Yes. 

Q.  Do  you  remember  who  else  was  there  at  that  time?    A.  Yes. 

Q.  Whom?     A.  Mr.  Eagan. 

Q.  John  A.  Eagan?  A.  No;  Thomas  Eagan,  of  the  Secretary  of 
State's  office. 

Q.  Was  anybody  else  there  during  the  time?  A.  I  do#not  think 
so,  with  the  exception  of  Mr.  Wallis. 

Q.  Was  Mr.  Sluittuck  there,  the  Deputy  Secretary  of  State?  A.  I 
do  not  think  he  was,  sir.     If  he  was  I  do  not  remember  it. 

Deportment  of  Librarian. 

Q.  In  asking  for  books,  did  you  get  the  books  that  you  wanted? 
A.  Yes. 

Q.  Were  they  religious  books  that  you  were  inquiring  for?  A.  I 
have  inquired  for  religious  books  very  often,  sir.  I  have  used  quite 
a  number  of  them. 

Q.  Did  you  ever  see  anybody  that,  under  a  rough  exterior,  had  a 
good  heart?    A.  Very  often,  sir. 

Q.  And  did  you  ever  see  anybody  whose  manner  was  somewhat 
brusque,  who  had  really  good  intentions,  and  that  it  was  simply  his 
manner  that  was  against  him?     A.  I  have,  thousands. 

Opening  and  Detention  of  Letters. 

Mr.  HoLL — Do  you  remember  the  circumstance  of  telephoning  to 
the  office  of  Wells,  Fargo  &  Co.  last  Spring  in  reference  to  t)ie  deliv- 
ery of  letters  here  at  the  library?     A.  Yes. 


Q.  Just  go  on  and  state  the  circumstances  accompanying  that? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  and  incompetent, 
and  the  Board  overruled  the  objection. 

Mr.  HoLL — State  what  was  the  result  of  that  telephoning?  A.  Last 
Spring,  probably  in  the  month  of  April,  but  I  am  not  {)Ositive,  Miss 
Patton  came  into  my  office,  called  me,  and  asked  me  if  I  would  tele- 
phone to  Wells,  Fargo  &  Go's,  office  and  ask  if  there  was  a  letter 
there  for  her 

Mr.  Johnson  objected,  as  irrelevant  and  incompetent,  and  the 
objection  was  sustained. 

Mr.  HoLL — Did  Miss  Patton  come  to  you  and  request  you  to  send 
a  telephonic  message  to  Wells-Fargo's  inquiring  as  to  the  time  when 
a  letter  was  delivered  at  this  office? 

Mr.  Johnson  objected,  as  leading,  irrelevant,  immaterial,  and 
incompetent,  and  the  Board  sustained  the  objection. 

Mr.  HoLL — State  what  Miss  Patton  requested  of  you  in  reference 
to  sending  a  telephonic  message  to  Wells,  Fargo  &  Co.'s  office  making 
inquiries  about  a  letter? 

Same  objection.     Overruled. 

Q.  About  the  first  of  April.  Did  you  receive  any  answer  from 
Wells-Fargo  ?     A.  I  did. 

Q.  Through  the  telephone?     A.  I  did  ;  yes. 

Q.  Did  you  communicate  that  answer  to  Miss  Patton?     A.  I  did. 

Q.  Do  you  know  at  what  time  that  letter  was  delivered  in  the 
office  of  the  State  Library,  as  regards  the  time  when  Miss  Patton 
received  it?  A.  Of  course  I  do  not  know.  I  know  what  Wells- 
Fargo's  man  telephoned  back. 

Q.  Was  it  delivered  by  Wells-Fargo  the  same  day  that  Miss  Patton 
received  it,  or  some  other  time?  Do  you  know  when  that  letter  was 
delivered  in  the  library  ?     A.  I  do  not  know,  except  from  hearsay. 

Q.  From  what  source  did  you  get  your  information — what  hear- 
say? 

Mr.  Johnson  objected,  as  irrelevant  and  immaterial,  and  the  objec- 
tion was  sustained. 

Mr.  HoLL — What  did  Miss  Patton  do,  if  anything,  in  reference  to 
the  matter  after  you  communicated  what  you  learned  from  Wells- 
Fargo  ? 

Objected  to. 

Q.  Do  you  know  whether  she  made  any  statement  to  Mr.  Wallis  in 
regard  to  it? 

Mr.  Johnson  objected  to  the  question,  as  irrelevant,  immaterial, 
and  incompetent,  and  the  objection  was  overruled. 

Mr.  HoLL — In  reference  to  that  message  that  you  received  through 
the  telephone?  A.  I  know  of  no  conversation  that  occurred  between 
Miss  Patton  and  Mr.  Wallis  on  the  subject. 

Q.  Did  you  talk  to  Mr.  Wallis  about  it?  A.  I  have  never  spoken 
to  Mr.  Wallis  on  the  subject — that  is,  on  the  subject  of  a  letter — that 
I  know  of;  in  fact,  I  am  positive. 

Q.  What  did  Miss  Patton  do  in  reference  to  the  communication? 

Objected  to. 


86 

Q.  You  did  not  hear  any  conversation  between  Miss  Patton  and 
Mr.  Wallis?     A.  No. 

Mr.  Johnson  moved  to  strike  out  all  of  the  testimony  of  the  wit- 
ness in  reference  to  the  telephonic  message  by  him  for  Miss  Patton, 
or  any  statements  in  reference  to  any  that  were  received  by  him,  on 
the  ground  that  the  testimony  is  irrelevant,  immaterial,  incompetent, 
and  hearsay. 

Mr.  HoLL — Did  you  receive  a  message  from  Wells,  Fargo  &  Co.  in 
reference  to  this  letter?    A.  In  reference  to  a  letter 

Q,.  In  reference  to  a  letter  that  had  been  delivered? 

The  question  was  objected  to,  and  the  motion  to  strike  out  the  te.-^- 
timony  was  denied. 

Mr.  HoLL — I  offer  in  evidence,  in  connection  with  the  testimony  of 
Miss  Patton,  the  article  referred  to  from  the  Sacramento  Bee  of  Mon- 
day evening,  July  30,  1883. 

The  article  was  read  in  evidence  as  follows: 

"the  state  library  imbroglio. 

"Editors  Bee:  The  dismissal  of  Miss  Patton  from  her  position  of 
deput}^,  has  developed  some  facts  in  connection  with  the  office  of 
State  Librarian  which  should  be  generally  known,  and  when  known, 
would  authorize,  if  they  do  not  require,  the  Board  of  Trustees  to  dis- 
miss Mr.  Wallis  from  his  position.  The  Board  of  Trustees  were 
elected,  as  was  supposed,  in  the  interest  of  that  gentleman,  but  when 
that  Board  held  its  meeting  to  elect  a  Librarian,  it  was  painfully  ap- 
parent to  a  majority  of  the  Trustees  that  Mr.  Wallis  did  not  possess 
personal  qualifications  which  would  enable  him  to  fill  that  office 
wath  credit,  and  two  of  the  members,  Messrs.  Belcher  and  Crane, 
voted  against  him.  Mr.  Edgerton  was,  with  difficulty,  induced  to 
vote  with  Messrs.  Freeman  and  Owen.  Before  he  was  elected,  Mr. 
Wallis  surrendered  to  the  Board  his  right  to  appoint  his  deputies, 
and  Miss  Patton  and  Mr.  White  were  selected  by  a  vote  of  the  Trus- 
tees. The  law  gives  the  Librarian  the  right  to  appoint  his  deputies, 
and  he  now  asserts  the  right  of  removal  under  circumstances  not  par- 
ticularl}'  creditable  to  him.  His  letter  to  Miss  Patton,  I  shall  assume, 
states  his  case  fully  and  fairly  against  Miss  Patton.  That  letter 
makes  the  following  facts  the  basis  of  his  request: 

"  Fi7'st — Allowing  books  to  remain  off  the  shelves. 

"  Second — Misplacing  books  when  returned  to  the  shelves. 

"  Third — Not  keeping  the  cases  locked. 

"  Fourth — The  door  of  art  department  not  immediately  locked  on 
departure  of  visitors. 

"  Fifth — Failing  to  check  off  cataloguing  cards. 

"These  are  all  the  facts  charged  b}'  Mr.  Wallis  against  Miss  Pat- 
ton. They  do  not,  if  true,  amount  to  charges ;  thej'"  hardly  rise  to 
the  dignity  of  excuses  for  her  removal.  Now,  the  facts  are  that  as  to 
charge  number  one,  it  is  not  true.  The  books  have  been  kept  in 
place  by  Miss  Patton.  The  cases  have  been  kept  locked,  as  a  general 
rule,  and  no  complaint  was  made  and  no  confusion  resulted.  The 
recess  of  the  art  department  is  protected  by  wire  screens  and  door. 


87 

The  seat  usually  occupied  by  Miss  Patton  is  near  that  door.  When 
the  recess  was  occupied  by  visitors,  the  Librarian  or  some  deputy 
must  open  the  door.  Mr.  Wallis  directed  Miss  Patton  to  close  the 
wire  door  immediately  after  a  visitor  left.  To  this  Miss  Patton  ob- 
jected as  rude  to  the  visitor,  but  the  door  was  always  closed  as  soon 
as  politeness  permitted.  The  books  were  kept  in  place  by  Miss  Pat- 
ton, and  the  universal  opinion  of  those  who  visited  the  library  was 
that  her  department  was  kept  in  order.  When  Mr.  Wallis  first  took 
his  place,  he  started  in  to  make  a  catalogue,  but  he  soon  abandoned 
the  project,  and  the  whole  matter  was  dropped.  Why  exhume  that 
as  an  excuse  ?  The  matter  of  making  a  catalogue  did  not  proceed, 
because  the  Librarian  had  no  stomach  for  the  labor,  and  perhaps 
because  he  had  not  the  capacity  to  plan  one.  Mr.  Wallis  says  in  his 
letter  to  Miss  Patton  :  'I  have  laid  this  matter  before  a  majority  of 
the  Trustees,  who  have  indorsed  the  course  I  have  determined  to 
pursue.'  Did  Mr.  Wallis  state  his  puerilities  to  Judge  Belcher,  or 
Mr.  Edgerton,  or  Mr.  Crane,  or  Mr.  Owen?  Did  either  of  these  gen- 
tlemen state  that  he  would  consent  to  the  dismissal  of  Miss  Patton  on 
such  charges?  I  think  not,  and  if  not,  it  would  seem  that  these  gen- 
tlemen should  insist  that  Mr.  Wallis  should  be  superseded  in  his 
place  by  some  one  who  could  state  the  truth  in  his  official  papers. 
Mr.  Wallis  says  to  Miss  Patton  :  '  I  have  called  a  meeting  of  the 
Board  of  Trustees  for  Thursday,  July  twenty-sixth,  at  one  o'clock  p.  m., 
to  take  action  in  the  premises,  when  you  will  have  ample  oppor- 
tunity to  be  heard.'  When  that  time  arrived  Miss  Patton  appeared 
before  the  Board,  expecting  to  have  the  action  of  Mr.  Wallis  reviewed, 
and  the  facts  fully  brought  out.  The  papers  have  it  that  the  Board 
refused  to  hear  the  matter.  The  fact  is  there  were  present  Trustees 
Freeman,  Edgerton,  and  Owen.  Absent,  Belcher  and  Crane.  Messrs. 
Edgerton  and  Owen  desired  to  hear  the  evidence.  Mr.  Freeman 
left  his  seat  as  Chairman,  saying  that  the  Librarian  had  that  matter 
in  hand,  leaving  the  Trustees  without  a  quorum.  Mr.  Freeman,  at 
the  time  the  Trustees  selected  the  deputies,  took  part  in  it  as  Trustee. 
Now,  he  thinks  the  Trustees  can  have  nothing  to  do  with  it.  The 
cause  of  this  change  of  heart  is  not  apparent.  It  may,  however,  be 
developed  further  on  in  the  drama,  when  the  Librarian  fills  his 
vacancy.  I  would  suggest  that  Mr.  Owen  revise  his  charges  against  Mr. 
Wallis,  and  add  to  them  the  charge  that  his  statements  are  not  to  be 
relied  on,  if  he  shall  find  on  incj[uir3%  that  a  majoritj"  of  the  Trustees 
did  not  advise  the  removal  of  Miss  Patton,  without  a  hearing,  and  on 
the  ex  parte  statement  of  the  Librarian. 

"SiLEX." 


Testimony  of  S.  P.  Maslin. 

Called  and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — Mr.  Maslin,  what  is  your  first  name?  Answer — "S.  P." 
are  my  initials. 

Q.  Where  have  you  been  employed  since  January  of  last  year?  A. 
In  the  Adjutant-General's  office. 

Q.  In  this  building?    A.  In  this  building. 


88 

Drinking  in  Library. 

Q.  You  know  Mr.  Talbot  H.  Wallis,  the  Librarian?     A.  Yes. 

Q.  Have  yon  been  in  the  library  frequently?     A.  Very  frequently. 

Q.  During  last  Winter  were  you  there  a  good  deal?     A.  Yes. 

Q.  State  whether  you,  at  any  time,  observed  any  drinking  in  any 
part  of  the  library?     A.  Yes;  I  have. 

Q.  What  place?    A.  The  private  office. 

Q.  State  as  clearly  as  you  can  about  the  extent  of  the  drinking 
that  you  observed  there?  A.  Well,  the  drinking  I  observed  in  there 
was  twice,  and  the  extent  was  to  the  amount  of  two  persons — myself 
and  one  other. 

Q.  That  is  all?     A.  Yes. 

Q.  Did  you  drink  there?    A.  I  believe  I  did. 

Q.  Did  you  ever  see  anybody  in  that  place  drink  when  you  did 
not  drink  yourself?     A.  No. 

Q.  Did  you  ever  see  persons  go  into  that  room?  A.  I  have,  a  great 
many — ever}^  day  that  I  have  been  there. 

Q.  Do  you  know  what  they  went  in  for?  A.  That  was  something 
that  did  not  concern  me,  and  I  did  not  ask. 

Q.  Did  you  ever  observe  what  they  would  do  after  they  got  in 
there?     A.  I  could  not  say. 

Q.  Do  you  know  whether  or  not  they  went  in  there  to  drink  some 
of  Mr.  Wallis'  whisky?  A.  That  is  a  matter  of  opinion;  I  do  not 
know. 

Q.  That  is  a  matter  of  opinion,  and  you  do  not  know  ?    A.  Yes. 

Q.  You  have  an  opinion  about  it?     A.  I  suppose  I  have  an  opinion. 

Q.  A  very  decided  one?  A.  I  do  not  know  whether  it  is  decided 
or  not. 

Q.  Did  you  ever  talk  with  Mr.  Wallis  about  the  liquor,  and 
whether  he  kept  any  liquor  in  there?  A.  No.  I  had  no  occasion  to 
talk  about  it;  I  saw  it  there  myself. 

Q.  How  many  times  did  you  see  it?    A.  Twice. 

Q.  You  did  not  talk  with  Mr.  Wallis  about  it?    A.  No;  I  did  not. 

Q.  Did  I  understand  you  to  say  that  you  never  did  talk  with  Mr. 
Wallis  in  reference  to  his  keeping  liquor,  or  the  amount  of  liquor 
that  he  kept  in  there,  or  the  amount  of  liquor  that  was  consumed  in 
that  place  last  Winter  during  the  session  of  the  Legislature?  A.  No; 
I  never  talked  with  him  about  it. 

Q.  Did  he  talk  with  you?    A.  No;  he  never  talked  with  me. 

Q.  Did  you  learn  from  him  in  any  way  as  to  how  much  it  was? 
A.  I  do  not  know  as  it  was  through  him — not  from  him. 

Q.  From  persons  who  represented  him?     A.  No. 

Q.  Now,  do  I  understand  you  that  all  that  you  know  of  your  own 
knowledge  about  the  drinking,  or  the  use  of  liquor  in  the  library,  is 
that  you  were  there  with  some  one  else  twice  and  drank?  A.  That 
is  all  I  know. 

Q.  Did  you  ever  tell  anybody  that  Wallis  told  you  that  he  used 
thirty-five  gallons  of  whisky  during  last  Winter  ?     A.  No;  I  did  not. 

Q,.  Or  any  quantity?  Did  you  tell  anybody  that  Mr.  Wallis  told 
you  that  an}^  particular  quality  was  used  ?    Did  you  ever  talk  with 


89 

anybody,  and  state  that  Mr.  Wallis  had  said  tliat  certain  quantities, 
naming  the  quantities,  of  whisky,  had  been  consumed  there. 

Mr.  HiNKSON  objected  to  the  question,  as  leading,  and  the  objection 
was  overruled. 

A.  No,  I  never  told  any  person  that  Mr.  Wallis  told  me  that  there 
were  thirty-five  gallons,  or  any  quantity  of  liquor  used. 

Q.  Did  3^ou  have  any  conversation  with  anybody,  in  which  you 
spoke  of  conversations  with  Mr.  M^allis  in  reference  to  the  use  of 
liquor  in  the  library? 

Mr.  Johnson  objected, as  immaterial,  irrelevant,  and  hearsay;  and 
the  objection  was  sustained. 

Mr.  HoLL — Did  you  ever  tell  Mr.  Sheehan,  of  the  Bee,  that  upon 
the  matter  of  the  charges  in  reference  to  the  use  of  liquor  made 
against  Mr.  Wallis,  that  you  could  sustain  everything  that  was  said 
in  those  charges?    A.  No,  I  did  not. 

Q.  Did  you  ever  state  that  to  anybody? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial, and  too  indefinite; 
that  the  witness  is  entitled  to  have  the  name  of  the  person. 

The  objection  was  sustained. 

Mr.  HoLL — Did  you  ever  have  any  conversation  since  these  charges 
were  preferred  against  Mr.  Wallis,  in  the  City  of  Sacramento,  with 
any  person,  in  which  you  stated  that  upon  the  matter  of  whisky 
you  could  sustain  everything  that  was  alleged  against  Mr.  Wallis? 

Same  objection — sustained. 

No  cross-examination. 


C.   E.   GUNN 

Was  called  by  the  prosecution,  but  he  refused  to  attend. 


Testimony  of  J.  J.  Owen. 
Called  and  sworn  on  behalf  of  the  prosecution. 

Opening  and  Detention  of  Letters. 

Mr.  HoLL — Mr.  Owen,  it  is  in  evidence  that  a  letter  was  received 
from  you  in  a  stamped  envelope,  bearing  the  stamp  of  the  Mercury 
office  of  San  Jose,  and  addressed  to  Miss  Patton — about,  I  believe, 
the  twenty-fifth  of  February  or  the  twenty-fourth  of  February  it  was 
received  here.  The  first  question  I  want  to  ask  you  is  whether  your 
attention  was  called  to  that  letter  by  Miss  Patton  shortly  after  it  was 
written?     Answer — Yes. 

Q.  So  as  to  fix  your  mind  upon  that  particular  letter? 

Mr.  Johnson  objected  to  the  question,  as  irrelevant,  immaterial, 
and  incompetent. 

The  objection  was  overruled  by  the  Board. 

A.  Yes,  my  attention  was  called  to  that  letter. 

12 


90 

Q.  Now,  in  reference  to  that  particular  letter,  state  whether  when 
it  left  your  office  it  was  inclosed  in  an  envelope  that  was  perfect  or 
in  one  that  had  been  mutilated  by  yourself  opening  the  letter?  A.  I 
received  a  note  from  Miss  Patton 

Mr.  Johnson  objected,  that  the  witness  was  not  answering  the 
question. 

The  Witness — It  will  be  an  answer  before  I  get  through.  It  was 
inclosed  in  an  envelope  that  was  perfect. 

Mr.  Ball — What  was  the  date  of  the  letter?  A.  I  do  not  know; 
I  do  not  remember  the  date  exactly;  it  was  shortly,  I  think,  after 
the  adjournment  of  the  Legislature ;  I  can  explain  now  if  you  wish 
to  hear  me;  it  was  shortly  after  the  adjournment  of  the  Legislature; 
the  subject-matter  of  the  letter  related  to 

Mr.  HoLL — It  was  a  letter  that  your  attention  was  called  to  from 
the  fact  that  it  was  supposed  to  have  been  opened?     A.  Yes. 

Mr.  Johnson  moved  to  strike  out  the  answer,  as  leading,  and  the 
motion  was  granted. 

Mr.  HoLL — State  why  your  attention  was  called  to  that  letter?  A. 
Miss  Patton  wrote  me  concerning  it. 

Q.  In  reference  to  what — why?  A.  From  the  fact  that  she  believed 
it  had  been  opened,  and  asked  me  if  I  sent  it  in  a  perfect  envelope. 

Q.  That  letter  is  the  one  you  have  testified  about?    A.  Yes. 

Mr.  Johnson — How  do  you  know  that  you  sent  it  in  a  perfect  envel- 
ope? A.  Well,  I  make  it  a  rule  in  correspondence  that  if  I  ever  have 
occasion  to  open  a  letter  I  invariably  destroy  the  envelope,  because 
it  always  conveys  a  sort  of  an  impression  to  the  receiver  that  it  may 
have  been  tampered  with.  I  know  tliat  I  never — in  that  particular 
instance,  because  my  memory  was  called  to  it  at  the  time — I  know 
that  I  did  not  open  the  letter  after  I  sealed  it. 

Q.  That  is  the  only  reason  you  have  for  saying  that  it  was  a  per- 
fect envelope  because  you  had  not  opened  it  yourself?    A.  Yes. 

Q.  As  a  matter  of  fact  envelopes  sometimes  are  defective?  A.  It 
is  possible,  of  course,  that  the  envelope  might  have  been  defective; 
it  is  possible. 

Mr.  HoLL — I  want  to  ask  you  this  question  in  reference  to  that 
envelope:  If  this  edge  of  the  envelope  in  which  you  inclosed  the 
letter  had  been  mutilated,  would  not  that  matter  have  attracted  j^our 
attention,  and  would  3^ou  not  have  seen  that  the  envelope  was  muti- 
lated at  that  place  when  you  inclosed  that  letter? 

Mr.  Johnson  objected  to  the  question,  as  leading,  and  the  objection 
was  overruled. 

A.  It  would  have  been  very  apt  to  have  attracted  my  attention. 
I  might — I  do  not  say  that  I  might  not  have  inclosed  a  letter  in  a 
defective  envelope — but  I  do  not  think  it  at  all  probable  that  I  did 
do  so. 

Q.  Are  you  positive  as  to  whether  j^ou  opened  that  letter  after  you 
sealed  it?     A.  I  did  not  open  it  after  I  had  sealed  it. 

Q.  Did  you  have  any  envelopes  that  you  were  using  that  were 
defective  in  that  particular?  A.  No;  our  envelopes  at  our  office  are 
stamped  on  the  left-hand  upper  corner,  and  if  they  had  been  defect- 


91 

ive  I  should  have  been  very  apt  to  have  known  it.  I  do  not  say 
positively  ;  I  might  have  not. 

Mr.  Johnson — At  that  time  did  you  write  to  more  than  one  Miss 
Patton — I  mean,  did  j'^ou  have  any  other  correspondent  except  Miss 
Patton  ?     A.  T  write  a  great  many  letters. 

Q.  At  that  time  did  you  have  more  than  Miss  Patton  as  a  corre- 
spondent? A.  Well,  1  have  a  great  many  correspondents.  I  am 
writing  letters  all  the  time,  a  dozen  a  day. 

Q.  I  am  not  asking  about  now;  I  mean  then.  You  had  a  large 
number?     A.  I  have  a  great  many  business  letters. 

Q.  And  you  have  friendly  letters  that  you  write?     A.  Yes. 

Q.  You  have  a  large  and  extensive  circle  of  friends  and  acquaint- 
ances in  this  State?    A.  I  have  some. 

Q.  And  you  have  some  in  the  East,  and  you  frequently  write  to 
them  ?     A.  1  do,  certainly. 

Q.  As  a  general  proposition,  j^ou  write  a  number  of  letters  a  day? 
A.  Yes. 

Q.  And  you  did  at  that  time?  A.  I  do  not  remember  writing 
many  letters  that  day.     I  remember  writing  that  letter  distinctly. 

Q.  You  do  not  remember  as  to  any  other  letter  particularly,  at  this 
distance  of  time?  A.  Of  course  not.  I  should  not  have  thought  of 
this  if  she  had  not  called  my  attention  to  it. 

Q.  And  therefore  your  attention  not  having  been  called  to  other 
envelopes  or  other  letters  you  do  not  know  in  reference  to  them  except 
generally  ?  A.  I  do  not ;  certainly  not,  only  as  I  say,  I  should  be  very 
apt  to  see  a  defective  envelope  as  most  any  gentleman  would  in 
addressing  a  letter. 

Q.  When  you  are  in  a  hurrv  you  would  notice  that  as  quick  as  if 
you  were  not?     A.  I  think  so. 

Q.  Being  in  a  hurry  does  not  affect  your  mind  in  reference  to  these 
little  matters?  A.  I  do  not  know.  I  think  a  man  who  does  accurate 
business  is  not  affected  in  that  way,  so  that  he  would  not  do  it  prop- 
erly, especially  in  the  matter  of  directing  and  sealing  letters.  He 
is  not  apt  to. 


Testimony  of  C.  E.  Gunn — Recalled. 

Incovipetency  of  Librarian. 

Mr.  HoLL — Mr.  Gunn,  will  you  please  look  at  that  eulogy  that  is 
reported  in  the  Record-Union  of  the  twenty-sixth  of  July,  1882 — an 
eulogy  pronounced  on  the  Hon.  Henry  Edgerton.  Have  you  looked 
at  it?     Answer — Yes. 

Q.  Did  you  ever  see  that  before? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent,  and 
not  responsive  to  any  of  the  issues  in  this  case. 

Mr.  Edgerton — Do  you  offer  that  for  the  purpose  of  proving  that 
I  did  not  write  it? 

Mr.  HoLL — This  is  a  speech  delivered  by  the  State  Librarian,  Mr. 
Wallis,  before  the  Caledonian  (?)  Republican  Club,  on  the  twentj'- 


92 

fourth  day  of  July.  The  point  I  make  is  simply  this:  We  have 
charged  upon  this  Librarian  that  he  is  not  educated,  and  that  he  is 
not  competent  by  reason  of  defective  education  to  conduct  the  busi- 
ness of  this  library,  and  for  the  purpose  of  proving  that  charge  I 
propose  to  show  that  he  is  not  capable  of  composing  such  speeches 
as  he  himself  desires  to  make.  I  propose  to  show  that  Mr.  Gunn 
wrote  this  speech  for  Mr.  Wallis,  and  that  he  delivered  it  as  his  own. 
The  Board  sustained  the  objection. 


Testimony  of  Talbot  H.  Wallis. 

Called. and  sworn  on  behalf  of  the  prosecution. 

Mr.  HoLL — Mr.  Wallis,  how  long  have  you  been  connected  with 
the  California  .State  Library?  Answer — My  impression  is,  from  the 
fourteenth  day  of  October,  187L 

Q.  How  many  years  is  that?    A.  It  will  be  twelve  years. 

Q.  Twelve  years?  A.  Not  twelve  years;  eleven  years  and  a  lew 
months  over. 

Q.  What  capacity  have  you  been  employed  in  in  connection  with 
the  library  during  that  time?  A.  First,  I  came  here  as  Porter,  then 
as  a  deputy,  and  now  I  hold  the  position  of  Librarian  since  the  sixth 
of  April,  1882. 

Q.  How  long  have  you  been  Librarian?  A.  Since  the  sixth  day 
of  April,  1882,  and  I  have  drawn  my  salary  since  the  seventh. 

Q.  How  long  have  you  been  in  each  of  those  positions ;  how  long 
did  you  occupy  the  different  positions?  A.  I  occupied  the  position 
of  Porter  from  October,  1871 — that  is  my  impression,  but  I  may  not 
be  correct  about  the  month,  but  it  was  in  1871 — until  a  month,  I 
think,  after  the  adjournment  of  the  Legislature  in  1880. 

Q.  What?  A.  Until  a  month  after  the  adjournment  of  the  Legis- 
lature in  1880.  I  am  not  positive  about  that;  it  may  have  been  two 
weeks,  or  it  may  have  been  a  month. 

Q,.  I  understand  that  the  law  controlling  the  Library  of  California 
imposes  upon  you,  as  one  of  the  duties  of  Librarian,  to  establish  a 
system  of  foreign  and  domestic  exchange  of  books?     A.  Yes. 

Mr.  Johnson  moved  to  strike  out  the  answer,  because  the  law  is 
the  best  evidence  of  that,  and  that  shows  what  his  duties  are. 

The  Board  overruled  the  objection. 

Mr.  HoLL — In  pursuance  of  that  duty  imposed  upon  you  by  law, 
what  have  you  done  by  way  of  establishing  a  system  of  exchange  for 
the  State  Library  of  California?  A.  Well,  the  answer  to  that  will 
take  me  a  few  moments.  When  I  took  the  position  of  State  Libra- 
rian, I  found  that  it  was  deficient  in  several  reports  of  the  various 
States,  and  that  our  exchanges  were  away  behind.  I  then  wrote  a 
letter — instead  of  writing  a  letter,  I  wrote  a  postal  card,  and  had  it 
printed  for  the  purpose  of  saving  postage  stamps — and  I  sent  a  note 
to  each  State  telling  them  that  our  Secretary  of  State  took  a  pride 
in  being  accommodating  to  other  States,  and  would  accommodate 
them  with  any  report  and  papers  that  they  were  entitled  to,  and 


93 

asked  the  same  favor  from  them;  that  any  books  that  they  requested 
would  be  sent  to  them  free  of  charge,  and  notified  them  of  the  vari- 
ous reports  tliat  had  not  been  sent  out.  By  tliose  letters  I  have 
adopted  a  system  of  exchange  which  had  never  been  adopted  in  the 
library  before.  I  am  receiving  now  reports  from  all  portions  of  the 
States  free  of  charge,  and  I  excliange  the  same  with  them.  With 
the  kindness  of  Mr.  Thompson,  the  Secretary  of  State,  who  has  been 
very  prompt,  our  reports  have  been  returned  to  them;  and  they  have 
sent  to  us  the  reports  of  the  various  States  immediately  on  their 
being  printed.  I  have  also  established  with  Germany  a  system  of 
exchange  which  never  had  been  established  before.  I  have  estab- 
lished with  France  a  system  of  exchange  which  never  had  been 
established  before.  I  have  also  established  a  system  of  exchange 
with  England — with  the  various  departments  of  England — for  their 
reports  on  railroad  matters,  and  on  matters  of  agriculture,  etc.,  and 
we  receive  them  free  of  charge  in  consideration  of  the  returns  from 
this  State  of  our  own  reports.  I  have  established  with  Australia  a 
similar  communication  with  them,  and  they  have  sent  us  their 
reports  and  we  return  ours.  I  have  established  the  same  system  with 
Canada.  To-day  we  are  in  exchange  with  every  State  in  the  Union, 
and  on  friendly  relations  with  them.  One  week  ago  I  wrote  a  letter 
and  handed  it  to  Mr.  Gunn,  and  it  was  printed  on  a  postal  card, 
informing  the  various  States  of  the  latest  reports  which  were  in  the 
library  and  the  latest  statutes,  and  requesting  them  that  if  they  had 
not  sent  all,  to  please  forward  us  the  latest  reports,  and  notify  us  if 
we  were  delinquent,  and  if  we  were  we  would  exchange  with  pleas- 
ure. The  records  of  the  office  will  show,  since  the  sixth  day  of  April, 
1882,  the  number  of  exchanges  made  with  the  State  Library. 

Q.  In  making  those  exchanges  with  the  State  Governments,  what 
department  of  the  Government  did  you  address?  A.  I  have  addressed 
two  ways.  As  there  are  but  few  libraries  which  are  independent,  as  this 
State  Library  is,  from  the  Secretary  of  State's  office,  I  have  addressed 
the  Secretary  of  State  and  the  State  Librarian  where  I  did  not  know 
of  the  library  being  an  independent  institution,  as  this  is,  and  the 
one  at  Philadelphia. 

Q.  How  many  States  ^are  there  in  the  United  States  which  have 
independent  libraries?  A.  I  cannot  answer  that, because  it  is  a  very 
hard  question  to  answer.  Some  of  the  Secretaries  of  State  are  ex 
officio  State  Librarians. 

Q.  Li  your  correspondence  with  a  view  to  establishing  this  system 
of  exchange,  have  you  not  discovered  how  many  and  what  States  had 
libraries?  A.  No.  Allow  me  to  explain  that  the  laws  read  this  way: 
That  the  Secretary  of  State  shall  furnish  the  Governor  of  the  State  of 
California,  or  the  Governor  of  this  State,  with  the  reports,  and  con- 
sequently, when  we  send  ours  in  exchange,  we  do  not  send  to  any 
library,  but  we  send  to  the  Secretary  of  State,  and  he  in  turn  sends 
them  to  me,  because  he  knows  this  is  an  independent  institution. 
That  is  the  reason  why  I  cannot  answer  your  question. 

Q.  Can  you  now  name  any  States  in  the  Jnited  States  that  have  a 
State  Library  as  California  has?  A.  Philadelphia  has — I  mean  Penn- 
sylvania.    Mr.  Little  is  the  Librarian. 


94 

Q.  Name  those  States  that  have  State  Libraries?  A.  Every  State 
in  the  Union  has  a  State  Library. 

Q.  I  mean  State  Libraries  known  as  the  State  Library  of  the  State 
of  California,  or  the  State  Library  of  the  State  of  Pennsylvania?  A. 
I  cannot  answer  that  question. 

Q.  Can  you  mention  any  States,  except  California  and  Pennsylva- 
nia, which  have  State  Libraries?  A.  Yes,  Massachusetts  has  one, 
and  Mr.  Tillinghast  is  Assistant  State  Librarian.  New  York  has  a 
State  Library. 

Q.  Any  others?  A.  Several  of  the  Southern  States  have  State 
Libraries,  and  I  believe  some  of  them  have  colored  women  as 
Librarians.  I  cannot  give  jou  the  law  exactly  that  they  are  operat- 
ing under. 

Q.  You  have  named  New  York,  Pennsylvania,  and  Massachusetts 
as  States  that  have  State  Libraries.  Do  you  know  of  any  other 
States  that  have  State  Libraries?  A.  I  have  not  examined  the  law 
of  Nevada.  I  think  I  have  received  a  letter  froiji  the  Librarian  of 
Nevada.  I  cannot  inform  you  whether  it  is  operated  under  an  inde- 
pendent law  or  whether  the  Supreme  Court  Library  is  the  State 
Library  or  not,  because  my  correspondence  has  been  with  the  Secre- 
tary of  the  State. 

Q.  Whether  you  can  name  any  other  State  that  has  a  State  Library 
except  those  that  you  have  named?  A.  I  cannot  recall  them  to  my 
mind. 

Q.  You  have  established  exchange  with  Germany,  have  you?  A. 
Yes. 

Q.  What  kind  of  exchange  have  you  there  established?  A.  I 
received  a.  letter  from  Mr.  Sargent,  requesting  me  to  send  on  the 
statutes  of  this  State  and  the  reports.  1  answered  that  letter  myself, 
and  I  told  Mr.  Sargent  that  I  would,  as  soon  as  convenient,  send  him 
the  statutes  and  reports  of  this  State.  I  mean  by  the  reports  the 
legislative  reports.  As  to  the  matter  of  the  Supreme  Court  Reports, 
I  would  bring  that  before  the  Secretary  of  State  and  the  Trustees  of 
the  State  Library.  He  answered  my  letter,  and  said  that  the  Ameri- 
can Librarian  would  be  glad  to  accept  the  offer,  and  to  forward  the 
books  as  soon  as  convenient. 

Q.  That  was  in  answer  to  a  letter  that  you  received  from  the 
United  States.  Minister  at  Berlin,  Mr.  Sargent?     A.  Yes. 

Q.  Before  that  time  or  since  that  time  have  you  taken  any  other 
steps,  or  addressed  any  portion  of  the  German  Government,  with  a 
view  to  establishing  a  system  of  exchange,  and,  if  so,  how?  A.  I 
have  not. 

Q.  All  that  you  have  done  towards  establishing  that  exchange, 
was  to  write  this  letter  to  Mr.  Sargent  in  reply  to  one  that  he 
addressed  to  you.  You  have  established  an  exchange  with  France. 
How  did  you  do  that,  and  what  part  of  tlie  French  Government  did 
you  establish  this  exchange  with  ?  A.  I  forget  the  gentleman's  name. 
I  have  it  on  my  record.  He  came  here.  He  was  the  agent  for  the 
agricultural  department  and  I  gave  him  some  reports.  He  wrote  a 
letter  to  France   about  the  wine  interest,  and   I  received  several 


95 

reports,  aiul  I  made  an  arrangement  on  his  return  to  New  York  to 
make  exchange.     The  letters  are  down  stairs. 

Q.  Is  that  the  way  that  you  have  established  the  exchange  with 
France?  A.  That  is  the  only  way  we  have  to  establish  exchange. 
We  are  continually  receiving  reports  and  documents  from  all  the 
countries  in  the  world,  and  we  have  to  remunerate  them  by  sending 
them  something  in  return. 

Q.  Did  not  you  establish  a  system  with  some  definite  department 
of  the  government.  Did  not  you  find  some  part  of  the  government 
of  Germany — some  portion  of  the  German  Government,  or  of  the 
French  Government,  that  is  vested  with  power  to  exchange  books. 
Do  you  know  of  any  such  department?     A.  I  suppose  so. 

Q.  What  is  it?     A.  I  exchange  with  the  department. 

Q.  What  department?     A.  The  head  of  the  department,  of  course. 

Q.  What  is  it?  If  you  want  to  establish  an  exchange  with  Ger- 
many or  France,  what  part  of  the  government  would  you  address? 
A.  I  would  write  to  the  officers  having  charge  of  the  exchange 
department.  ^  • 

Q.  What  officers  ?    A.  The  correct  officers. 

Q.  Whom?  A.  I  would  find  out  very  soon  when  I  undertook  to 
write  a  letter. 

Q.  Will  you  tell  this  Board  who  you  would  address  if  you  wished 
to  establish  a  system  of  exchange  with  the  French  Government? 
A.  I  would  send  it  to  the  Agricultural  Department;  and  if  I  wanted 
to  get  anything  from  the  other  departments,  I  would  write  to  the 
others. 

Q.  What  others?  A.  The  Finance  Department— the  Secretary  of 
any  department ;  the  Agricultural  Department,  or  the  Minister  or 
the  person  having  control  of  the  agricultural  interests  of  France. 

Q.  Have  you  attempted  such  an  exchange?  A.  Yes,  and  so  has 
my  predecessor,  Mr.  Cravens. 

Q.  What  departm.ent  have  you  sent  to?  A.  The  Agricultural 
Department. 

Q.  When  ?     A.  After  the  agent  was  here. 

Q.  It  was  through  this  agent?    A.  No. 

Q.  How  did  you  do  it  ?  A.I  wanted  to  find  out  if  there  were  any 
books  published  describing  the  various  soils  on  which  the  different 
kinds  of  grapes  are  grown  in  France ;  and  I  was  unable  to  find  a 
book  or  pamphlet  in  relation  to  the  grape  from  which  claret  is  made, 
and  I  was  unable  to  find  information  in  reference  to  the  kind  of  soil 
in  which  to  plant  the  grape  here  from  which  claret  is  made.  I  wrote 
to  the  Department  of  Agriculture  there,  and  they  said  they  were 
sorry  that  they  could  not  furnish  the  information. 

Q.  That  is  the  only  effort  which  you  made?  A.  No;  I  have  made 
various  efforts,  Mr.  Gunn  and  myself. 

Q.  How?     A.  By  writing  letters. 

Q.  To  whom  ?     A.  To  the  Agricultural  Department. 

Q.  The  same  department?     A.  Yes. 

Q.  For  what  purpose?     A.  To  have  an  exchange. 

Q.  An  exchange  of  what?  A.  Anything  regarding  agriculture  or 
the  climate  and  soil  for  the  raising  of  grapes  and  fruit  that  would  be 


96 

of  use  to  us.  We  desired  to  return  the  same  compliment  that  they 
would  give  us ;  we  would  send  them  documents  on  agriculture  and 
fruit  raising  and  grain  growing. 

Q.  Have  you  made  any  effort  with  any  other  department  of  France 
to  open  an  exchange  of  books  ?     A.  No. 

Q.  Do  you  know  of  any  other  institution  that  would  probably 
exchange  books  with  this  State?  A.  I  can  answer  that  question  this 
way :  I  have  a  list  of  the  several  countries  which  I  desire  to  exchange 
with,  but  coming  into  the  library  and  finding  the  library  in  the  con- 
dition that  it  was,  I  felt  that  it  was  my  duty  to  bring  the  library  up 
to  a  standard  first,  and  tlien  to  establish  a  system  of  exchange  which 
would  last  forever ;  and  I  only  asked  to  exchange  with  various  gov- 
ernments books  which  were  needed  for  practical  purposes. 

Q.  When  you  come  to  that  point  where  you  want  to  establish  a 
system  of  exchange  of  miscellaneous  works  on  science,  art,  and 
matters  of  that  kind,  what  course  would  you  pursue  and  what 
department  of  the  French  Government  would  you  address?  A. 
No  department  at  all. 

Q.  What  institution,  or  how  would  you  proceed  to  establish  it? 
A.  Not  at  all ;  postage  stamps  are  too  high;  we  could  not  afford  it; 
we  have  to  mail  a  great  many  letters. 

Q.  You  say  that  you  have  only  attempted  to  establish  an  exchange 
within  a  limited  range — within  the  region  of  agriculture.  When 
you  get  ready,  or  when  you  come  to  a  point  when  you  desire  to  estab- 
lish an  exchange  generally  of  such  books  as  may  be  of  interest  that 
can  be  obtained  from  France — such  miscellaneous  works  on  different 
subjects  of  human  knowledge — what  institution  or  what  department 
of  the  French  Government  would  you  address  with  a  view  of  estab- 
lishing such  a  system  of  exchange? 

Mr.  Johnson  objected  to  the  question,  because  it  is  irrelevant,  im- 
material, and  theoretical. 

The  Board  overruled  the  objection. 

A.  To  the  various  departments  interested  in  the  matter  in  which 
I  desire  to  exchange. 

Q.  Name  those  departments  that  you  would  address?  A.  I  could 
not  name  them  here;  I  can  do  so  in  a  minute. 

Q.  Can  you  name  the  departments  that  you  would  address?  A. 
No.  I  know  there  are  several  departments,  and  I  have  addressed 
letters  to  several  departments;  I  cannot  name  them  all. 

Q.  Have  you  attempted  to  establish  any  system  of  exchange  with 
foreign  libraries?     A.  No. 

Q.  In  France,  England,  Germany,  Austria,  or  Italy?    A.  No. 

Q.  Now,  if  you  desired  to  establish  an  exchange  with  the  princi- 
pal library  in  France,  what  institution  would  you  address?  A.  I 
would  first  find  out  the  power  I  had  to  make  the  exchange. 

Q.  We  concede  the  power. 

Mr.  Johnson  objected,  as  irrelevant  and  immaterial,  and  the  objec- 
tion was  overruled. 

A,  I  would  first  address  a  letter  to  the  Minister  and  get  on  friendly 
terms  with  the  library,  and  would  see  if  they  were  satisfied  with  the 


97 

exchange  that  T  could  make,  or  if  1  was  in  correspondence  with  the 
officers  of  the  library  I  would  then  write  to  tiiem. 

Q.  Do  you  know  of  any  institution  that  now  exists  in  France  to 
which  it  would  be  proper  for  you,  as  Librarian,  to  address  a  commu- 
nication with  a  view  of  establishing  or  attempting  to  establish  a  sys- 
tem of  exchange?     A.  The  Minister. 

Q.  That  is  the  only  one  that  you  think  would  be  proper?  A.  I 
think  he  would  [)ay  more  attention  to  it  than  any  one  else. 

Q.  That  is  hardly  an  institution  ;  do  you  know  of  any  institution 
existing  in  France,  not  the  American  Minister  ?  A.  The  exchanges  I 
have  made  have  been  with  the  various  departments. 

Q.  Do  you  know  of  the  existence  of  any  institution  in  France  now 
that  it  would  be  appropriate  for  you  to  address,  as  Librarian  of  the 
State  of  ('alifornia,  with  a  view  of  effecting  a  system  of  exchange  of 
books  ?     A.  Simply  the  head  of  the  departments. 

Q.  Is  that  all?    A.  That  is  all. 

Q.  Do  you  know  of  any  institution  irf  England  that  it  would  be 
appropriate  for  you  to  address  in  that  way  for  that  purpose  ?  A.  I 
would  also  address  to  the  head  of  the  department.  If  I  wanted  a 
particular  exchange  I  would  address  to  the  various  departments  in 
that  science — agriculture,  or  whatever  I  desired  information  about. 

Q.  You  do  not  know  of  any  institution  existing  in  England  that  it 
would  be  appropriate  to  address  on  that  subject,  or  do  you  ?  A.  I 
would  write  to  the  Minister. 

Q.  That  is  tiie  only  way  that  you  think  would  be  appropriate  to 
establish  an  exchange?     A.  There  are  various  ways. 

Q.  What  other  ways?  If  there  are  any  other  ways  that  you  can 
think  of,  name  them?     A.  I  cannot  think  of  them  at  present. 

Q.  You  cannot  think  of  none  other  at  present?     A.  No. 

Q.  Mr.  Wallis,  can  you  give  us  the  names  of  a  few  of  the  principal 
libraries  in  the  world  ? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent,  and 
not  responsive  to  any  of  the  issues  in  this  case. 

The  objection  was  overruled  by  the  Board. 

A.  I  decline  to  answer. 

Mr.  HoLL — That  suits  me  as  well  as  anything  else.     A.  Yes;  I  can. 

Q.  Can  you  give  this  Board  the  approximate  number,  not  the 
exact  number,  but  the  approximate  number,  within  a  couple  of  hun- 
dred thousand,  of  the  library  that  contains  the  largest  number  of 
volumes  in  the  world?     A.  I  decline  to  answer  the  question. 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent,  and 
not  responsive  to  any  of  the  issues  in  this  case. 

The  objection  was  overruled  by  the  Board. 

Mr.  HoLL — Will  you  answer  it?     A.  No. 

Q.  Can  you  name  the  largest  library  in  France  ? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  Can  you  name  any  library  in  France  that  contains  as  many  vol- 
umes or  more  than  that  of  the  State  of  California  ? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

13 


98 

Q.  Can  you  name  any  library  in  England — any  great  library  in 
England  ? 

Same  objection — overruled. 

A.  I  decline  to  answer  the  question. 

Q.  Why  do  you  decline  to  answer;  will  you  please  state?    A.  No. 

Q.  You  refuse  to  give  any  reason  why  you  decline  to  answer?  A. 
Not  for  the  reason  that  I  do  not  know. 

Q.  Then  if  you  do  know?  A.  For  this  reason:  I  do  not  desire 
that  the  prosecution  shall  make  a  witness  of  me.  I  shall  answer 
questions  of  my  knowledge  here.  I  am  perfectly  familiar  with  the 
library. 

Mr.  Edgerton — I  hardly  think  that  will  do.  The  Board  have 
decided  that  the  questions  are  proper.  I  hardly  think  that  it  is 
proper  for  the  witness  to  pass  upon  that  question. 

The  Witness — I  decline  to  answer. 

Mr.  IToLL — Will  you  please  name  some  library  of  importance  in 
any  of  the  cities  of  Germany? 

Same  objection — overruled. 

A.  I  decline  to  answer  the  question. 

Q.  In  Austria? 

Same  objection  —overruled. 

A.  I  decline  to  answer. 

Q.  Will  you  please  name  any  library  in  any  country  in  Europe 
that  contains  as  many  volumes  as  the  library  of  tiie  State  of  Califor- 
nia, or  more? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  Will  you  name  any  library  in  the  United  States  that  contains 
as  many  or  more  volumes  tlian  the  library  of  the  State  of  California, 
and  where  such  library  is  situated? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  In  any  State  in  the  United  States  outside  of  California? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  Is  there  such  an  institution  in  the  United  States  as  the  Library 
of  Congress? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  Why  do  you  decline  to  answer? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent, 
not  responsive  to  any  issue  in  this  case;  and  further, that  the  witness 
has  already  explained  the  reasons  why  he  does  not  think  the  ques- 
tions are  proper  or  pertinent. 

Mr  HoLL — Do  you  know  whether  there  is  a  library  of  that  name? 

Same  objection- — overruled.  * 

A. — I  decline  to  answer. 

Q.  Mr.  Wallis,  have  you  anything  in  your  library  that  bears  the 
name  of  "  An  Elegy  written  in  a  Country  Churchyard?" 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  incompetent, 
not  responsive  to  any  of  the  issues  in  the  case,  and  asked  simply  for 


99 

the  purpose  of  creating  a  laugh  on  the  part  of  the  spectators,  and  not 
with  an  honest  intention  of  getting  an  answer  from  the  witness. 

The  objection  was  overruled  by  the  Board. 

Mr.  HoLL — Will  you  answer  the  question  ?    A.  No. 

Q.  Mr.  Wallis,  have  you  anything  in  your  library  that  bears  the 
title  of  "Thanatopsis?" 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  Do  you  persist  in  declining?     A.  Yes. 

Q.  Have  you  the  poems  of  Homer,  the  "Iliad  "  and  the  "  Odyssey," 
in  your  library,  translated  by  an  American  ? 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  You  decline  to  answer  that  question  whether  you  have  them 
translated  by  an  American?     A.  Yes. 

Q.  Have  you  any  such  work  in  your  library,  or  anything  that  is 
known  by  the  name  of  the  "Divine  Comedy?" 

Same  objection,  and  further  that  the  catalogue  is  the  best  evidence, 
and  that  the  witness  ought  not  to  be  compelled  to  answer  these 
questions  under  oath. 

Mr.  HoLL — Does  any  such  thing  belong  to  the  library  as  bears  the 
name  of  the  "  Divine  Comedy?" 

Same  objection — -overruled. 

A.  I  decline  to  answer. 

Q.  Have  you  any  reason?    A.  I  simply  decline;  that  is  my  reason. 

Q.  Mr.  Wallis,  tell  this  Board  who  the  author  was  of  "Robinson 
Crusoe?" 

Same  objection — overruled. 

A.  I  decline  to  answer. 

Q.  Have  you  any  such  work  or  book,  or  anything  in  your  library 
as  bears  the  name  of  "Hudibras?" 

Same  objection — overruled. 

A.  I  decline  to  answer. 

The  Board  here  adjourned  the  further  hearing  of  the  investigation 
until  to-morrow. 


On  Thursday,  September  6, 1883,  the  following  additional  testimony 
was  taken  and  proceedings  had: 

Mr.  HoLL  stated  that  in  view  of  the  fact  that  Mr.  Wallis  had  refused 
to  give  testimony  when  directed  to  do  so  by  the  Board,  touching  the 
question  of  his  competency,  and  had  refused  to  furnish  material  evi- 
dence in  the  case  when  he  had  an  opportunity  to  furnish  evidence  of 
the  very  highest  character,  he  would  announce  that  the  prosecution 
would  close  their  case  at  this  point. 


Testimony  of  Frank  F.  Freeman. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — -What  is  your  name  ?     Answer — My  name  is  Frank 
F.  Freeman. 


100 

Q.  You  are  connected  with  the  State  Library?     A.  I  am. 

Q.  How  long  since  you  have  been  connected  with  the  State  Library?" 
A.  Since  the  sixth  day  of  April,  1882. 

Q.  You  are  acquainted  with  Talbot  H,  Wallis,  Miss  M.  A.  Patton^ 
J.  J.  Owen,  and  C.  E.  Gunn?     A.  I  am. 

Conspiracy  agabist  Librarian. 

Q.  Do  you  remember  the  occasion  of  the  meeting  of  the  Board  of 
Trustees  of  the  State  Library  when  certain  charges  were  preferred  by 
Mr.  Owen  against  Mr.  Wallis  ?    A.  I  do. 

Q.  Did  you  hear  any  conversation  between  Mr.  Owen  and  Miss 
Patton  on  that  day?  A.  1  cannot  say  that  I  heard  any  conversation  ; 
I  heard  a  few  sentences  pass  between  the  two  persons. 

Q.  Where?  A.  1\\  what  is  known  as  the  general  department  of 
the  library. 

Q.  In  reference  to  the  charges  was  the  conversation?    A.  Yes. 

Q.  State  to  the  Board  what  it  was. 

Mr.  HoLL  objected,  that  this  is  not  a  proper  inquiry;  that  it  can 
only  be  for  the  purpose  of  contradicting  Miss  Patton,  and  the  foun- 
dation has  not  been  laid  for  its  introduction. 

Mr.  Johnson — The  proposition  is  to  show  the  animus  and  motives 
which  govern  this  ijrosecution.  We  propose  to  show  \>y  this  witness 
matters  of  which,  as  I  remember,  we  asked  Miss  Patton. 

Mr.  Edgerton — You  must  call  the  attention  of  the  witness  to  the 
specific  question  that  was  asked  the  other  witness. 

Mr.  Johnson — In  the  course  of  that  conversation  did  you  hear  her 
ask  Mr.  Owen  if  he  had  read  the  charges  to  Mr.  Wallis?    A.  I  did. 

Q.  1\\  the  course  of  that  conversation  did  you  hear  Mr.  Owen  reply 
that  he  had,  and  that  they  did  not  have  any  effect  upon  him,  or  ' 
words  to  that  effect?    A.  I  did,  in  reply  to  the  question :  "  What  effect 
did  they  seem  to  have  upon  Mr.  Wallis?" 

Q.  She  asked  him,  "What  effect  they  seemed  to  have  upon  him?" 
A.  Yes. 

Q.  What  was  Mr.  Owen's  reply?     A.  "No  effect  whatever." 

Q.  What  did  she  say  then? 

Objected  to,  and  question  withdrawn. 

Q.  Li  the  course  of  that  conversation  did  she  say  :  "Let  me  go  in 
there;  I  would  like  to  get  in  there;  when  I  get  in  there — wait  until 
I  get  in  there  and  I  will  show  him,"  or  words  to  that  effect?  A.  I 
will  not  pretend  to  give  the  exact  language  of  the  reply.  So  near  as 
I  remember  it,  it  was  this:  "  When  I  get  before  the  Board  I  will  see  if 
it  will  not  have  some  effect." 

Q.  Do  you  know  as  to  whether  Mr.  Owen  procured  some  legal  caj) 
paper  in  the  Law  Library? 

Objected  to,  and  question  withdrawn. 

Q.  Do  you  remember  having  a  conversation  with  Miss  Patton  some 
time  in  the  month  of  July — I  think  it  was  in  1882,  in  the  general 
office — in  reference  to  obtaining  the  vote  of  or  ascertaining  the  opin- 
ion of  Trustee  A.  C.  Freeman  as  to  the  removal  of  Mr.  Wallis?  A.  I 
had  such  a  conversation  with  Miss  Patton. 


101 

Q.  Please  detail  that  conversation  ?  A.  It  would  be  impossible  for 
me  to  detail  in  exact  language  of  the  conversation  held  between  us. 

Q.  Give  it  as  near  as  you  can?  A.  Can  I  give  the  particular  cir- 
cumstances which  led  to  the  opening  of  the  conversation?  Miss 
Patton  seemed  to  think  that  a  change  was  desirable  in  the  Librarian 
and  she  asked  me  if  I  thought  that  Mr.  Freeman  could  be  prevailed 
upon  by  any  means  to  vote  to  oust  Mr.  Wallis.  I  told  Miss  Patton, 
so  near  as  I  remember,  in  this  exact  language,  that  I  thought  that  no 
power  on  heaven  or  earth  would  move  Mr.  Freeman  to  vote  against 
Mr.  Wallis.  She  then  asked  me  to  speak  to  Mr.  Freeman  upon  the 
subject  and  see  how  he  felt  upon  the  subject.  I  promised  neither 
to  speak  to  him  about  it  or  not,  and  there  was  nothing  more  said 
about  it. 

Q.  Did  she  say  anything  in  reference  to  who  would  be  the  Libra- 
rian, and  as  to  who  would  have  the  other  places?  A.  She  said  that 
Mr.  Gunn  would  be  elected  Librarian  and  that  I  would  be  promoted 
to  the  deputyship  in  the  Law  Library. 

Q.  Did  she  state  at  that  time  how  she  obtained  that  information, 
and  who  from  ? 

Mr.  HoLL  objected,  that  the  attention  of  Miss  Patton  was  not  called 
to  any  such  a  question,  and  the  objection  was  sustained  by  the  Board. 

Mr.  Johnson — Do  you  remember  at  that  time  as  to  whether  she 
used  this  expression  :  "  That  the  other  four  Trustees  were  all  right 
if  she  could  only  get  Mr.  Freeman?"  A.  She  remarked  that  the 
other  Trustees  could  be  brought  to  that  state  of  mind  if  Mr.  Free- 
man could  be  obtained  on  that  side  of  the  question. 

Opening  and  Detention  of  Letters. 

Q.  Do  you  remember  of  the  occasion  of  Miss  Patton  making  some 
complaint  in  reference  to  a  letter  of  her's  having  been  opened  some 
time  in  February,  1883?  A.  I  do.  I  would  not  be  sure  about  the 
date. 

Q.  The  reason  I  gave  the  date  is  because  she  gave  the  date  at  that 
time.  Now  state  whether  or  not  she  accused  you  of  opening  the 
letter?  A.  Well,  I  will  say  right  here,  that  from  testimony  given  by 
her  yesterday,  I  would  like  to  be  allowed  to  go  on  and  detail  the 
conversation  held  in  the  morning,  in  the  Law  Library,  in  reference  to 
that  particular  letter. 

Q.  Between  you  and  her?  A.  In  reference  to  that  particular 
letter. 

Q.  Proceed?  A.  Miss  Patton,  upon  coming  to  the  library  in  the 
morning,  walked  to  her  desk  and  picked  up  a  letter. 


% 

AFTERNOON   SESSION. 


Testimony  of  Frank  F.  Freeman — Resumed. 

The  Witness  (continuing) — She  then  came  into  the  Law  Library 
and  asked  me  if  I  knew  anything  of  the  letter.     I  told  her  I  did  not. 


102 

She  said  that  she  had  serious  misgivings  as  to  the  letter  and  thought 
that  it  had  been  opened.  I  then  said,  I  guessed  it  made  no  particular 
difference  if  the  letter  had  been  opened;  that  I  did  not  think  it 
would  affect  things  very  much.  It  was  said  in  a  joking  manner. 
She  then  asked  if  I  knew  anything  about  when  the  letter  came  into 
the  library.  I  then  replied  that  I  had  nothing  further  to  say  about 
the  letter,  that  I  did  not  intend  to  make  any  remark  that  might  tend 
to  criminate  any  one:  That  is  the  explanation  I  wish  to  make  lead- 
ing up  to  that  remark.  Mr.  Gunn  was  in  the  room  at  the  time,  and 
him  and  I  were  conversing,  and  she  requested  Mr.  Gunn  to  go  into 
the  general  department,  as  she  wished  to  speak  with  him.     He  com- 

flied  with  her  request,  arose  from  his  seat,  and  went  into  her  room, 
went  into  the  office,  for  what  I  do  not  remember,  but  shortly  after- 
wards went  up  stairs,  and  was  reading  Blackstone,  and  stayed  there 
until  lunch  time.  I  came  down  and  got  my  lunch  and  came  back. 
I  only  desire  to  make  the  explanation  as  to  the  conversation  in  the 
Law  Library.     I  would  rather  have  questions  asked  me. 

Q.  Go  on  as  to  the  remark  she  made,  if  she  made  one,  in  reference 
to  your  having  to  do  with  opening  the  letter?  A.  About  ten  min- 
utes before  I  came  down  stairs  she  and  Mr.  Wallis  were  having  an 
altercation  regarding  the  letter.  I  spoke  in  a  joking  manner  and 
a_sked,"What  all  this  trouble  was  about?"  She  said  it  was  a  par- 
ticular letter,  and  that  she  had  just  as  leave  believe  I  had  opened 
the  letter  as  to  believe  that  Mr.  Wallis  had  opened  it.  I  told  her 
that  if  that  was  her  idea  of  me,  if  she  thought  I  was  capable  of  so 
low,- mean,  and  contemptible  a  trick  as  that,  I  desired  to  have  noth- 
ing more  to  do  with  her,  and  would  be  very  careful  to  not  handle 
any  mail  matter  of  her's  that  might  come  to  the  library  in  the  future. 

The  witness  was  here  temporarily  withdrawn. 


Testimony  of  W.  C.  Van  Fleet. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — You  reside  in  this  city?    Answer — Yes,  I  do. 

Q.  Your  business  is  that  of  an  attorney?     A.  Yes. 

Q.  You  have  been  practicing  law  and  residing  in  this  city  for  a 
number  of  years?  A.  I  have  been  practicing  law  here  for  about  ten 
years,  except  a  year  or  so. 

Competency  and   Deportment  of  Librarian. 

Q.  Have  you  ever  had  occasion  to  use  the  State  Library,  and  if  so 
state  whether  it  has  been  seldom  or  frequent?  A.  Well,  I  have  had 
frequent  occasion  for  th^use  of  the  books  in  the  library,  the  Law 
Library. 

Q.  State,  if  during  the  time  you  have  been  a  visitor  to  the  library, 
when  you  have  had  occasion  to  use  the  books,  whether  Mr.  Wallis — 
T.  H.  Wallis — was  connected  with  the  library?  A.  Well,  I  think  he 
has  been  nearly  all  the  time  that  I  have  been  practicing — a  great 
deal  of  the  time. 


103 

Q.  You  have  had  business  in  the  library  frequently  since  he  has 
been  Librarian?    A.  Yes. 

Q.  State  to  the  Board  as  to  how  you  found  him  in  his  intercourse 
with  you,  and  with  others  that  came  under  your  observation,  and, 
also,  as  to  his  familiarity,  if  any,  with  the  books  and  business  of  the 
library?  A.  Well,  so  far  as  my  knowledge  and  intercourse  with  Mr. 
Wallis  goes,  he  has  always  been  very  pleasant.  I  have  always  found 
him  prompt  and  ready  to  do  anything  that  he  could  to  satisfy  one's 
wants  when  a  person  came  to  the  library,  and,  as  far  as  my  observa- 
tion goes,  he  has  always  shown  a  great  deal  of  familiarity  with  that 
branch  of  the  library  that  I  have  frequented — the  Law  Library.  I 
have  never  had  occasion  to  go  into  the  miscellaneous  library,  but 
mostly  to  the  Law  Library.  I  noticed  that  his  familiarity  with  the 
Law  Library  was  always  apparent. 

Q.  State  as  to  his  demeanor  and  deportment,  whether  it  was  cour- 
teous and  gentlemanly?  A.  I  think  I  did  state  that.  My  inter- 
course with  him  has  always  been  pleasant,  and  his  demeanor  and 
his  manners  have  always  been  courteous  and  pleasant  to  me,  and 
never  otherwise  to  any  one  else  in  my  presence. 

Cross-examination. 

Mr.  HoLL — Since  he  has  been  Chief  Librarian,  has  he  been  in 
attendance  on  the  Law  Library;  has  he  been  in  attendance?  A.  N<t; 
but  several  times  when  I  have  gone  into  the  Law  Library,  since  he 
has  been  Chief  Librarian,  he  has  asked  me  if  he  could  do  anything 
for  me,  and  he  has  found  books  for  me. 

Q.  Several  times;  how  many  times?  A.  I  do  not  know.  I  never 
paid  any  attention  to  that — as  to  the  number  of  times.  L^sually 
there  is  an  attendant  there. 

Q.  Mr.  Gunn  is  there?  A.  Mr.  Gunn  is  there,  as  a  usual  thing, 
but  I  have  been  in  when  Mr.  Wallis  has  been  in  there. 

Q,.  The  Law  Library  is  arranged  by  the  reports  of  the  different 
States  being  placed  together  on  different  shelves,  and  the  text-books 
being  placed  in  alphabetical  order?     A.  Yes. 

Q.  Wiien  j'ou  ask  for  a  report  of  a  particular  State,  or  for  a  text- 
book, he  could  go  to  the  place  and  get  it  for  you?  A.  I  apprehend 
that  was  merely  a  mechanical  knowledge  really,  but  still  he  was 
always  read5^  The  reference  that  I  had  was  to  his  knowledge  of 
where  he  would  find  subjects  treated  when  you  wanted  information 
as  to  the  character  of  the  book.  I  would  ask  him,  and  he  would  tell 
me  that  such  and  such  a  thing  had  been  decided  so  and  so,  and  he 
would  tell  me  where  I  could  get  the  authorities.  Of  course,  the 
mechanical  arrangement  of  the  library  I  understood  myself. 

Q.  Can  you  refer  to  any  instance  where  Mr.  Wallis,  in  reply  to 
any  question,  would  furnish  you  with  the  authorities  that  \'0U  asked 
him  for,  not  upon  your  suggestion  as  to  what  they  were,  but  upon 
his  knowledge?  A.  No;  I  cannot  do  that,  Judge  Holl,  because  it 
was  not  a  matter  that  I  ever  fixed  in  my  mind,  but  it  left  the  impres- 
sion on  my  mind  that  Mr.  Wallis  had  noted  the  current  decisions, 
and  had  read  considerable  law. 


104 

Q.  That  was  the  impression  left  on  your  mind?     A.  Yes. 
Q.  And  that  he  knew  where  the  different  reports  and  text-books 
in  the  Law  Library  were  kept?     A.  Yes. 


Testimony  of  J.  J.  Buckley. 

Called  and  sworn  on  behalf  of  the  defense. 

Competency  and  Deportment  of  Librarian. 

Mr.  HiNKsoN — You  know  Mr.  Wallis?    Answer — Yes,  I  do. 

Q.  Have  you  frequented  the  library  since  he  has  been  the  Librarian? 
A.  Yes. 

Q,.  JSuflficient  to  have  a  knowledge  of  his  efficiency  as  Librarian? 
A.  I  think  so. 

Q.  State  what  you  know,  if  anything,  about  his  efficiency  and  about 
his  treatment  of  visitors  to  the  librarj^? 

Mr.  HoLL — State  such  facts  as  will  show?  A.  Of  course  my 
opinion  would  amount  to  nothing  here,  because  Judge  Holl's  opinion 
might  be  entirely  different  from  mine.  I  have  known  Mr.  Wallis 
intimately  for  ten  or  eleven  years,  and  most  of  that  time  has  been 
during  his  connection  with  the  State  Library.  I  have  been  here 
^ery  often  at  all  hours  during  the  day  while  the  library  is  open.  I 
always  found  that  Mr.  Wallis  treated  everybody,  myself  included, 
in  a  gentlemanly  manner,  and  with  due  courtesy.  Any  question  he 
was  asked  he  would  try  and  answer  it  if  he  could,  and  he  would  be 
the  first  one  to  comply  with  ixuy  request  that  was  made. 

Q,.  What  do  you  know  about  his  efficiency  as  Librarian?  A. 
Well,  that  I  cannot  say,  because  I  am  not  an  expert  as  to  the  duties 
of  a  Librarian,  only  I  have  this  much  to  say,  that  they  have  said 
throughout  the  State 

Objection  sustained. 

Q.  State  what  you  know,  from  what  you  have  seen  there,  in  regard 
to  his  efficiency  as  Librarian  ?  A.  Well,  take  it  as  to  the  Law  Li- 
brary, from  my  knowledge  of  the  law,  I  do  know,  and  can  state  pos- 
itively that  Mr.  Wallis  is  competent 

Mr.  HoLL  objected,  as  incompetent,  and  the  objection  was  sustained, 

Mr.  HiNKsoN — State  what  j'ou  know  in  regard  to  his  efficiency ; 
what  you  have  seen  him  do,  and  what  his  capacity  is  for  finding 
books,  if  you  know?  A.  I  know  he  has  always,  while  I  have  been 
there,  and  when  any  person  has  asked  him  for  a  book,  readily  gone 
and  got  it,  no  matter  what  it  was,  whether  in  the  law  or  miscella- 
neous department. 

Q.  Have  you  been  there  when  persons  were  calling  for  books?  A. 
Yes;  I  have  been  here  dozens  of  times,  both  day  and  night. 

Q.  You  remember  about  the  time  that  MissKelsey  was  in  the  library 
for  two  or  three  weeks  ?  A.  I  remember  about  the  last  night  she 
was  there. 

Q.  You  remember  the  circumstance  of  her  parting  with  Mr.  Wallis 
on  that  evening  ?    A.  Yes. 


105 

Q.  Please  state  what  occurred,  and  wliat  Miss  Kelsey  said  to  Mr. 
Wallis  at  the  time  they  separated  that  evening?  A.  I  was  in  the 
Law  Library  that  evening — no,  I  was  in  the  Librarian's  private 
office. 

Q.  I  will  ask  you  if  you  heard  her  on  that  evening  when  she 
separated  from  Mr.  Wallis,  and  when  she  was  bidding  him  good-by, 
give  him  her  address,  and  invite  him  to  call  and  see  her  attSan  Fran- 
cisco, nnd  if  she  thanked  him  for  his  courtesies  to  her  during  the 
time  she  was  in  the  library,  or  words  to  that  effect? 

Mr.  HoLL — State  w'hat  she  said?  A.  Miss  Patton  was  there  at  tlie 
time. 

Mr.  HiNKSoN — State  what  you  know  about  it?  A.  She  came  in 
from  her  desk  when  she  was  going  away,  and  I  was  in  the  Librarian's 
room,  and  another  lady  was  there;  Mrs.  De  Force  Gordon  was  going 
in  and  out,  and  Mr.  Wallis  was  there,  and  she  bid  Mr.  Wallis 
good-by,  and  said  that  she  would  be  pleased  to  meet  him  in  San 
Francisco,  but  I  do  not  recollect  her  saying  anything  about  her 
address. 

Q.  She  would  be  pleased  to  meet  him  in  San  Francisco?  A.  Yes, 
and  she  said  that  she  had  spent  a  pleasant  time  during  the  time  she 
had  been  here. 

Q.  What  was  there  about  thanking  him  for  his  courtesies?  A, 
That  I  cannot  say  about  that  matter. 

Q.  You  say^he  said  to  him  that  she  had  spent  a  pleasant  time  in 
the  library?  A.  She  had  had  a  pleasant  time  in  the  library.  She 
was  smiling  at  the  time  pleasantly. 

Q.  You  are  the  City  Assessor  of  this  city?  A.  Yes,  and  searcher 
of  records. 

Cross-examination. 

Mr.  HoLL — Mr.  Buckley,  in  the  Law  Library  you  have  heard  Mr. 
Wallis  called  upon  for  books  contained  in  that  room,  have  you  ?  A. 
Yes,  I  have. 

Q.  He  seemed  to  be  familiar  with  the  manner  in  which  the  books 
were  arranged — he  is  capable  of  going  and  obtaining  the  books  when 
they  are  called  for  ?     A.  Yes. 

Q.  You  have  seen  that  a  good  many  times  ?    A.  Yes. 

Q.  Now,  state  the  extent  of  your  acquaintance  with  his  being  called 
upon  in  the  general  library.  What  circumstance  can  you  give  us  in 
regard  to  that?  State  some  circumstance  where  you  remember  his 
being  called  upon  for  any  book  in  the  miscellaneous  library,  and 
give  us  the  subject  upon  which  the  book  treated?  A.  Well,  at  dif- 
ferent times  I  have  been  called  upon  to  make  speeches  here  before  dif- 
ferent organizations  and  I  have  had  occasions  to  look  up  different 
subjects;  one  in  particular  was  the  French  Revolution.  At  those 
times  I  have  gone  to  Mr.  Wallis  and  he  has  readily  found  the  books. 

Q.  He  could  find  works  on  the  French  Revolution?  A.  Yes;  he 
referred  me  to  Guizot  and  other  authors.  And  at  another  time  I 
required  works  on  botany 

Q.  Tell  us  what  works  on  botany  you  required  and  what  his  ability 
14 


106 

was  to  examine  the  subject  of  botany?  A.  I  cannot  tell  j^ou  the 
names  of  the  books  now ;  it  is  some  time  ago. 

Q.  How  many  times  did  that  occur?     A.  Once. 

Q.  He  was  able  to  find  some  book  on  botany?  -  A.  Yes;  he  should 
have  been  able  to  do  that  if  he  knew  the  library  at  all.  And  in 
regard  to  painting:  I  brought  a  gentleman  up  there — Mr.  Nichols — 
and  he  asked  Mr.  Wallis  for  a  work  on  painting  and  art,  and  Mr. 
Wallis  gave  it  to  him. 

Q.  He  could  furnish  a  work  from  the  library  that  treated  on  that 
subject?    A.  Yes,  and  any  subject  that  you  might  ask  him  about. 

Q.  Have  you  any  more  specific  instances?  A.  If  I  was  an  expert 
I  might  recall  them,  but  I  am  not  here  as  an  expert. 

Q.  Tell  us  anymore  specific  instances?  A.  Nothing  more  than 
works  of  fiction.  I  have  asked  for  novels  and  the  like,  and  I  have 
got  them. 


Testimony  of  Frank  F.  Freeman — Resumed. 
Cross-examination — Conspiracy  against  Librarian. 

Mr.  HoLL — When  was  the  conversation,  Mr.  Freeman,  with  Miss 
Patton,in  which  you  gave  her  to  understand  that  it  was  your  opinion 
that  no  power  on  heaven  or  earth  could  move  Mr.^ Freeman,  the 
Trustee,  to  induce  him  to  vote  against  Mr.  Wallis — when  was  that? 
A.  To  the  best  of  my  recollection  it  was  some  time  in  the  latter  part 
of  July,  1882. 

Q.  Did  you  give  to  Miss  Patton  your  honest  conviction  on  that 
subject  at  that  time? 

Mr.  Johnson  objected,  as  irrelevant. 

Mr.  HoLL — Did  you  state  to  her  the  truth? 

Same  objection — overruled. 

A.  To  the  best  of  my  knowledge — yes. 

Q.  To  the  best  of  your  belief?    A.  Yes. 

Q.  You  stated  the  truth  at  that  time?    A.  Yes. 

Q.  What  induced  you  to  think  so? 

Same  objection — sustained. 

Mr.  Johnson  moved  to  strike  out  the  testimony  of  the  witness  in 
relation  to  A.  C.  Freeman,  and  the  motion  was  granted. 

Mr.  HoLL — At  the  time  when  you  heard  Miss  Patton  and  Mr.  Owen 
speak  in  reference  to  the  charges  against  Mr.  Wallis,  and  the  effect 
that  those  charges  had  upon  him,  where  were  you?  A.  In  the  State 
Library. 

Q.  What  part  of  it?  A.  Between  the  main  entrance  and  the 
entrance  to  the  Law  Library. 

Q.  Where  were  they  ?  A.  Miss  Patton  was  sitting  at  the  desk,  and 
Mr.  Owen  was  standing  by  the  side  of  the  desk. 

Q.  At  the  desk  in  the  general  library  where  Miss  Patton's  place 
was?     A.  Yes. 

Q.  Were  you  listening  to  what  they  were  saying  ?     A.  I  heard  that 


107 

much  of  it.  I  did  not  go  tliere  for  the  purpose  of  listening  to  the 
conversation  at  all. 

Q.  Were  you  listening,  or  was  your  attention  called  to  it,  or  how 
did  you  happen  to  hear  it?  A.  I  went  out  tliere  to  procure  a  book, 
and  while  there  I  heard  this  conversation. 

Q.  You  were  between  the  main  entrance  and  the  Law  Library. 
How  near  to  the  door  of  the  Law  Library?  A.  I  could  not  state 
exactly  the  distance  ;  somewhere  in  that  semicircle. 

Q.  Were  they  talking  there  in  a  continuous  conversation,  or  did 
they  only  repeat  those  few  words?  A.  I  do  not  know  how  much 
longer  they  may  have  talked.  When  I  procured  the  book  I  went 
back. 

Q.  While  you  were  there  was  it  a  continuous  conversation  or  was 
it  only  those  broken  fragments  that  you  have  detailed  ?  A.  It  was 
only  i'ragments  of  the  conversation. 

Q.  It  was  not  a  continuous  conversation  ;  there  was  just  a  few  frag- 
ments that  they  spoke  there,  onlj'  a  few  sentences?  A.  That  was  all 
that  I  heard — a  few  sentences. 

Q.  Did  they  say  anything  else  there  ?  Did  they  seem  to  be  talking 
about  something  else  that  you  did  not  hear  or  do  not  remember?  A. 
Not  that  I  heard. 

Q.  There  was  no  conversation  ;  there  was  simply  what  you  heard? 
A.  I  did  not  hear  the  entire  conversation. 

Q.  Was  there  an  entire  conversation?  A.  I  have  not  the  least 
idea.  They  may  have  talked  there  for  half  an  hour  and  I  did  not 
hear  it. 

Q.  During  the  time  you  were  there  when  you  say  you  were  in  a 
position  where  you  could  hear  this  fragment  of  what  they  were  say- 
ing, were  they  saying  other  things  that  you  do  not  remember  or  did 
not  hear?  Were  they  talking  to  each  other?  A.  I  think  not,  for 
the  reason  that  I  was  not  there,  I  suppose,  half  a  moment. 

Q.  What  time  of  the  day  was  that  ?  A.  I  would  not  be  sure  to  the 
moment,  but  I  would  say  about  half-past  twelve  o'clock  on  the  twenty- 
sixth  day  of  July. 

Q.  To  whom  did  you  first  state  that  you  had  heard  this  conversa- 
tion between  Miss  Patton  and  Mr.  Owen?  To  whom  did  you  first 
disclose  it?    A.  I  first  disclosed  it,  I  believe,  to  Mr.  Wallis. 

Q.  Mr.  Wallis  is  your  superior  in  the  library?     A.  He  is. 

Q.  You  hold  your  appointment  from  Mr.  Wallis?     A.  I  do. 

Q.  If  Mr.  Wallis  should  be  removed,  would  you  expect  that  to  effect 
your  removal  also? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  and  incompetent, 
and  the  objection  was  sustained. 

Opening  and  Detention  of  Letters. 

Mr.  HoLL — When  this  letter  was  spoken  of  to  you  by  Miss  Patton, 
I  understood  you  to  say  that  after  you  had  repeated  certain  language 
to  her,  you  then  said  that  you  had  nothing  more  to  say;  that  you 
would  not  criminate  anybody.     A.  I  said  that  I  had  nothing  more  to 


108 

say  about  the  letter;  I  would  not  make  any  expression  that  might 
tend  to  criminate  any  one. 

Q.  What  did  you  mean  by  that?  A.  I,  in  the  first  place,  used  the 
expression  that  it  made  no  particular  difference,  I  thought,  whether 
the  letter  had  been  opened  or  not,  in  a  joking  manner — I  said  this  in 
a  joking  manner. 

Q.  Said  what  in  a  joking  manner?  A.  That  I  did  not  think  the 
opening  of  one  of  her  letters  would  make  any  material  difference. 
She  then  asked  me  if  I  knew  anything  about  when  that  letter  came 
into  the  library,  and  I  told  her  that  I  had  nothing  more  to  say  about 
it;  that  I  did  not  intend  to  say  anything  that  might  tend  to  crimi- 
nate anybody.     I  said  it  all  in  a  laughing  manner. 

Q.  What  did  you  mean  by  saying  that  you  did  not  intend  to  say 
anything  that  might  tend  to  criminate  anybody?  A.  I  said  it  all  as 
a  joke. 

Q.  What  time  was  it  now  when  you  made  this  expression.  I  un- 
derstood you  to  say,  that  Miss  Patton  came  into  the  Law  Library  and 
made  some  inquiry  about  it,  and  that  subsequently  to  that,  this 
matter  was  brought  up  again  in  your  hearing?     A.  Yes. 

Q.  How  long  after  the  first  conversation,  was  the  second  conversa- 
tion, in  which  you  joked  about  it?  A.  Well,  it  would  be  as  long 
about,  as  between  nine  o'clock  and  ten  minutes  to  four. 

Q.  In  the  meantime  you  testified  that  you  heard  Miss  Patton  and 
Mr.  Wallis,  I  think — that  there  was  an  altercation — when  was  that? 
A.  That  was  at  ten  minutes  to  four  that  the  altercation  took  place, 
what  I  heard  of  it, 

Q.  How  long  after  the  altercation  before  you  used  this  talk  and 
language  about  not  criminating  anybody  ?  A.  This  was  about  nine 
hours  before  that  time. 

Q.  I  understood  you  to  say  that  the  time  when  you  spoke  and  said 
that  you  did  not  want  to  criminate  anybody,  that  that  occurred  in 
the  afternoon?     A.  No;  it  was  about  nine  o'clock  in  the  morning. 

Q.  In  the  first  place  j^ou  said  that  she  came  in  in  the  morning  and 
asked  about  the  letter,  and  I  then  asked  you  whether  you  had  any 
further  conversation  at  any  other  time  with  her,  and  you  said  you 
did  about  nine  hours  afterwards?  A.  I  did  have  a  further  conver- 
sation with  her. 

Q.  When  was  this  conversation  in  which  you  said  that  you  did 
not  wish  to  criminate  anybody?  A.  About  nine  o'clock  in  the 
morning,  preceding  the  conversation  in  the  afternoon. 

Q.  Who  was  present  when  that  conversation  was  had  by  you?  A. 
Which  conversation. 

Q.  This  conversation  in  which  you  said  you  did  not  wish  to  crim- 
inate anybody?     A.  C.  E.  Gunn. 

Q.  Anybody  else?  A.  No  one  else,  with  the  exception  of  Miss 
Patton  herself. 

Q.  In  what  way  did  you  regard  that — as  a  joke;  just  explain  how 
you  considered  that  a  joke,  in  saying  at  that  time  that  you  would 
not  criminate  anj'body  in  connection  with  that  letter?  A.  In  my 
experience,  it  has  not  been  an  unusual  thing  for  one  person  to  say 
something  that  might  be  construed  into  an  accusation  of  another 


109 

person  having  opened  a  letter.  Miss  Patton  came  in  that  morning, 
and  I  did  not  know  that  anything  serious  was  going  to  come  out  of 
the  letter.  I  knew  nothing  at  all  about  the  letter.  I  was  in  the 
habit  of  talking  pleasantly  with  Miss  Patton,  and  what  I  said  was  all 
done  in  that  way. 

Q.  She  had  already  told  you  that  this  letter  had  been  tampered 
witli?     A.  She  said  she  had  her  suspicions  about  it. 

Q.  You  had  told  her  that  you  did  not  think  it  made  any  difference 
if  it  had  been?     A.  That  was  about  the  renjark  I  used. 

Q.  That  was  in  the  same  line  of  jocular  remark  with  the  other, 
was  it?    A.  Yes. 

Q.  When  she  addressed  you  to  know  something  more  about  it,  you, 
in  a  joking  way,  said  you  were  not  disposed  to  say  anything  more 
about  it;  you  would  not  accuse  anybody  of  anything — of  any  crimi- 
nal matter?     A.  Yes. 

Q.  Did  you  know,  at  that  time,  that  anybody  had  had  anything  to 
do  with  that  letter?     A.  I  did  not. 

Q.  Did  you  know  how  long  that  letter  had  been  in  the  office?  A. 
No;  the  first  I  saw  of  the  letter  was  about  twenty  minutes  to  nine 
o'clock  in  the  morning.     The  letter  was  then  laying  on  her  desk. 

Q.  That  is  the  letter  she  speaks  of  as  having  come  through  the 
express  office,  and  that  she  said  was  received  the  day  after  it  was 
delivered  at  the  library  ?  A.  That  is  the  letter,  I  think.  That  is  the 
only  letter  that  I  know  anything  about. 

Q.  Now,  as  to  that  letter :  Did  you  ever  say  anything  to  Mr.  Wallis, 
or  Mr.  Wallis  to  you,  about  that  letter  ?  A.  I  believe  the  day  that  she 
received  the  letter  Mr.  Wallis  and  I  had  some  conversation  about  the 
letter. 

Q.  What  conversation?  A.  Well,  I  asked  him  if  he  knew  any- 
thing about  the  letter,  or  about  its  having  been  opened,  and  he  said 
he  did  not;  that  he  did  not  believe  the  letter  had  ever  been  opened. 

Q.  Did  he  tell  you  when  the  letter  was  received,  or  whether  it  had 
ever  been  in  the  office?    A.  He  did. 

Q.  What  was  that  conversation,  or  what  did  he  say  to  you  in  refer- 
ence to  any  knowledge  of  that  letter? 

Mr.  Edgerton — I  understood  you  to  say  that  the  express  letter  is 
the  only  letter  that  you  know  anything  about?  A.  That  is  the  only 
letter  that  I  knew  anything  about.  He  said  that  upon  coming  to  the 
library,  on  the  morning  on  which  she  received  the  letter,  on  looking 
over  his  papers  he  found  the  letter  on  his  table,  and  that  he  gave  the 
letter  to  Mr.  Brown  and  asked  him  to  put  it  upon  her  table,  and  that 
was  the  first  thing  that  he  knew  about  the  letter  and  the  only  thing 
that  he  knew  about  the  letter. 

Mr.  HoLL — That  Mr.  Wallis  said  that  he  found  this  letter  on  his 
table  and  gave  it  to  Mr.  Brown,  the  Porter,  to  lay  it  on  Miss  Patton's 
table?    A.  Yes. 

Q.  Did  he  say  at  what  time  he  found  that  letter  on  the  table 
among  his  papers?  A.  On  the  morning  on  which  the  letter  was 
delivered. 

Q.  When  Miss  Patton  talked  to  him  about  it  did  he  say  to  her 


110 

that  he  found  the  letter  on  his  table?  A.  I  heard  none  of  the  con- 
versation between  Mr.  Wallis  and  Miss  Patton  regarding  the  letter. 

Q.  I  thought  you  said  they  were  having  an  altercation?  A.  They 
were  having  something  of  the  kind  on  my  entrance  into  the  office; 
I  saw  signs  that  a  row  was  in  progress. 

Q.  Did  you  hear  anything  of  that  row?     A.  I  did  not. 

Q.  How  did  you  know  it  was  a  row?  A.  I  knew  from  the  actions 
of  the  parties. 

Q.  From  their  actions,  and  not  from  anything  they  said?  A. 
Well,  I  supposed  a  conversation  was  going  on  in  there  at  the  time. 

Q.  Did  you  know  from  that  conversation  that  a  row  was  going  on? 
A.  I  suppose  that  I  gained  my  information 

Q.  Did  you  know  that  a  row  was  going  on  in  there  from  their  con- 
versation?   A.  I  think  I  do. 

Q.  Do  you  only  think  so  or  do  you  know  it?  A.  In  my  own  mind 
I  know  it. 

Q.  Why  did  not  you  say  so  then?    A.  I  know  it. 

Q.  What  did  you  hear?  A.  I  do  not  remember  what  passage 
occurred  between  them. 

Q.  Can  you  remember  any  of  the  language  at  all?  A.  No,  I  can- 
not. 

Q.  How  do  you  know  there  was  a  row  going  on  if  you  cannot 
remember  any  of  the  language?  A.  I  can  only  say  that  both  parties 
appeared  very  much  excited. 

Q.  You  did  not  hear  any  of  the  language?  A.  Probably  I  heard 
it;  if  I  did  I  do  not  remember  it. 

Q.  You  cannot  now  remember  so  as  to  repeat  any  of  the  language? 
A.  No,  I  cannot. 

Q.  You  did  not  hear  Mr.  Wallis  say,  in  that  row,  anything  about 
having  found  that  letter  among  his  papers,  and  that  he  had  sent  it 
out  at  the  proper  time,  and  in  the  proper  way,  to  her  desk  ?  A.  No, 
I  did  not. 

Q.  Did  you  hear  any  conversation  in  Mr.  Wallis'  private  office,  at 
the  time  Mr.  Brown  was  present,  when  Mr.  Wallis  locked  the  door  of 
that  office?     A.  I  did  not. 

Q.  Were  you  in  there  at  that  time  ?  Do  you  remember  the  circum- 
stance of  being  called  in  there?    A.  No. 

Q,.  Of  Mr.  Brown  being  called  in  there?  A.  I  do  not  know  of  Mr. 
Brown  and  Mr.  Wallis  being  locked  in  the  private  office. 

Q.  Do  you  remember  hearing  Mr.  Wallis  ask  Mr.  Brown  whether 
he  knew  anything  about  the  letter  ?     A.  No,  I  never  did. 

Q.  Did  you  ever  ask  Mr.  Brown  whether  he  knew  anything  about 
it?    A.  No,  I  did  not. 

Q.  You  say  it  was  at  four  o'clock  in  the  afternoon  when  the  con- 
versation took  place  in  which  Miss  Patton  accused  you,  or  said  to  you 
that  she  would  just  as  soon  say  that  you  opened  the  letter?    A.  Yes. 

Q.  Where  was  that  conversation?     A.  It  was  in  the  private  office. 

Q.  Who  was  present?  A.  Mr.  Wallis  was  present  for  about  two 
moments,  and  Miss  Patton,  and  myself. 

Q.  Any  one  else?     A.  No. 

Q.  Did  Mr.  Wallis  stay  there  during  the  conversation  thatj^ou  had 


Ill 

with  Miss  Patton  ?  A.  I  do  not  think  he  did.  He  may  liave  possibly- 
been  there.     If  he  was,  I  did  not  pay  any  attention  to  him. 

Q,.  Tiiis  was  at  four  o'clock,  I  understand  you  ?  A.  Just  about  four 
o'clock. 

Q.  On  the  afternoon  of  the  day  when  she  found  this  letter  on  her 
table  in  the  morning?     A.  Yes. 

Q.  You  said  you  spoke  in  a  joking  way  about  accusing  people  of 
crime.  Did  you  take  that  as  a  joke  when  she  said  that  she  would  as 
soon  believe  that  you  opened  the  letter?  A.  Not  when  she  spoke  in 
an  excited  manner. 

Q.  Did  not  you  regard  that  as  a  joke?     A.  No. 

Q.  What  did  you  reply  in  that  conversation  when  she  said  that? 
A.  I  told  her,  very  well ;  if  she  had  that  opinion  of  me,  if  she 
thought  that  I  was  capable  of  committing  such  an  act  as  that,  I  did 
not  desire  to  have  anything  further  to  do  with  her ;  that  I  should  be 
very  careful  hereafter  not  to  have  anything  to  do  with  her  mail  mat- 
ter which  might  come  to  the  library  directed  to  her. 

Q.  Did  she  say  she  did  consider  that  you  were  capable  of  doing 
such  things?  A.  She  did  not  intimate  at  that  particular  moment 
but  what  she  thought  that  I  was  capable  of  it.  I  met  her  a  few 
moments  afterwards,  when  she  said  she  did  not  think  I  was  capable 
of  it,  and  she  said  she  was  sorry  for  what  she  had  said  and  wished 
that  I  would  reconsider  what  I  had  said. 

Mr.  Johnson — Do  you  remember  the  language  that  Mr.  Wallis 
used  to  you  at  that  time?  Did  he  say  he  found  the  letter  there,  or 
that  he  noticed  it  there,  or  what  was  it,  or  do  you  remember  the  lan- 
guage? A.  He  said  that  by  looking  over  the  papers  that  were  on 
his  table  that  morning,  he  saw  a  letter,  or  found  one — some  expres- 
sion of  that  meaning. 

Q.  You  are  not  positive  as  to  the  particular  words  that  he  used, 
but  simply  the  expression?     A.  No. 

Mr.  HoLL — Did  I  understand  you  correctly  when  I  understood  you 
to  say  that  the  first  conversation  that  you  had  about  that  letter  with 
Miss  Patton,  or  she  with  you,  was  in  the  Law  Library,  at  nine  o'clock 
in  the  morning?     A.  Yes;  at  about  nine  o'clock. 

Q,.  And  that  the  other  conversation  that  you  had  in  which  she 
said  that  she  would  as  soon  believe  you  opened  it  as  any  one  else, 
that  was  in  the  private  office  of  Mr.  Wallis  about  five  o'clock  in  the 
afternoon?     A.  Yes. 

Q.  And  at  that  time  no  one  was  present  except  Mr.  Wallis,  your- 
self, and  Miss  Patton?  A.  I  am  almost  wholly  sure  no  one  else  was 
present. 

Q.  Those  are  the  only  two  conversations  you  had  with  her  about 
it?  Q.  Yes;  with  the  exception  of  the  following  conversation  that 
may  have  taken  place  that  evening. 

Q.  Did  you  ever  have  any  other  conversation  in  the  private  office 
with  her  except  the  one  you  have  detailed,  at  any  other  time  than  four 
o'clock?  A.  I  suppose  ten  minutes  after  four  o'clock,  as  I  had  been 
in  the  office,  and  had  this  conversation  in  which  I  said  that  I  did  not 
wish  to  have  anything  more  to  do  with  Miss  Patton.  I  was  walking 
out  of  the  private  office.     In  walking  back  to  the  private  office  I 


112 

met  Miss  Patton  near  the  stairway,  in  the  semicircle,  near  the  door 
of  the  private  office,  and  she  said  that  she  thought  she  had  spoken 
hastily  to  me,  and  as  she  had  spoken  in  such  a  manner  she  asked 
me  to  reconsider. 


Testimony  of  W.  F.  Brown. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Ball — What  is  your  business?  Answer — My  business  is  gen- 
eral Porter,  anywhere  I  can  get  it. 

Q.  Were  you  Porter  in  this  building  last  July?  A.  I  was,  for  the 
Superintendent  of  Public  Instruction. 

Opening  and  Detention  of  Letters. 

Q.  Did  you  hear  anything  of  Miss  Patton  complaining  that  a  letter 
coming  through  Wells,  Fargo  &  Co.  had  not  been  promptly  delivered 
to  her?    A.  Yes;  I  remember  the  circumstance. 

Q.  Do  you  know  anything  of  that  letter  being  delivered  at  her 
desk ;  if  so,  state  what  it  was  and  how  it  was?  A.  There  was  a 
letter — several  letters — that  I  left  on  Mr.  Wallis'  desk,  of  hers,  sev- 
eral times,  when  she  was  not  there,  in  bringing  the  mail  whenever  I 
went  down  to  the  Post  Office;  and  sometimes  I  would  pick  up  letters 
and  leave  them  on  her  desk,  and  I  believe  I  done  the  same  at  that 
time. 

Q.  This  particular  letter — do  you  remember  anything  about  it? 
A.  Yes ;  I  found  a  letter  there  on  the  desk. 

Q.  On  whose  desk?  A.  On  Mr.  Wallis'  desk,  along  with  others, 
and  I  brought  them  and  laid  them  on  her  desk. 

Q.  Was  your  attention  called  to  that  letter  by  anything  that  Mr. 
Wallis  said  to  you  about  it?  A.  No;  anything  never  was  said  about 
letters  to  me  at  all  until  that  time  that  Miss  Patton  made  a  muss 
over  it,  saying  something  about  letters,  and  I  believe  I  told  Mr. 
Wallis  that  I  left  the  letter  on  her  desk. 

Q.  Mr.  Wallis  then  made  inquiry  of  you  about  it,  and  you  told 
him  yqu  left  it  on  her  desk?     A.  Yes. 

Cross-exanii7iation. 

Mr.  HoLL — What  kind  of  a  letter  was  that;  was  it  one  that  came 
through  the  mail  or  through  the  express?  A.  Well,  I  remember 
several  letters  coming  by  express  and  also  by  mail.  I  could  not  say 
exactly  whether  at  that  time — there  were  several  letters  that  I  took 
off. 

Q.  What  letters  are  you  talking  about?  Are  you  talking  about 
the  letter  that  came  from  the  express  office,  or  the  one  that  came 
through  the  mail?  A.  I  do  not  know  exactly  what  kind  of  a  letter 
it  was.  As  I  said  before,  I  took  several  letters  from  Mr.  Wallis'  desk, 
and  often  took  the  mail  to  her  desk,  if  she  was  there,  and  let  her 
pick  out  her  mail. 


113 

Q.  What  particular  letter  are  you  talking  about?  A.  I  do  not 
know  that  I  am  talking  about  any  particular  letter. 

Q.  Do  I  understand  you  that  you  are  not  talking  about  any  par- 
ticular letter?  Then  the  letter  that  the  counsel  inquired  about  you  do 
not  know  whether  that  was  in  an  express  envelope,  or  whether  it 
came  through  the  mail?     A.  Well,  I  could  not  swear. 

Q.  You  delivered  several  letters,  but  which  one  they  are  talking 
about  you  do  not  know?  A.  I  do  not  know;  I  took  several  letters 
from  Mr.  Wallis'  desk  and  put  them  there. 

Q.  Did  you  ever  take  a  letter  sent  by  express  to  Mr.  Wallis'  office 
when  he  gave  it  to  you,  and  told  you  to  lay  it  on  Miss  Patton's  table? 
A.  No. 

Q.  Never  did  that  in  the  world?     A.  No. 

Q.  All  the  letters  you  delivered  that  way  you  found  the  letters  on 
Mr.  Wallis'  desk,  and  without  being  asked  by  anybody,  seeing  that 
they  were  for  Miss  Patton,  you  took  them  out  there?    A.  Yes. 

Q.  Can  you  read?     A.  Well,  I  can  read  that  much. 

Q.  How  much?  A.  Well,  I  could  not  tell  you;  I  can  read  names 
in  good,  big  print. 

Q.  Does  it  require  them  to  be  in  big  print?  A.  And  good,  big 
writing. 

Q.  What  kind  of  writing  was  on  the  letters  you  delivered  to  Miss 
Patton?  A.  It  was  in  writing;  I  do  not  know  exactly  what  kind  of 
writing.     There  were  different  kinds  of  hands. 

Q.  Can  you  read  that  name?  [Exhibiting  a  paper  to  the  witness.] 
A.  I  refuse  to  read  it. 

Mr.  Johnson — Is  that  in  your  handwriting,  Judge  HoU  ? 

Mr.  HoLL — Yes;  but  I  can  write  pljiiner  than  that. 

Mr.  HiNKSON — You  do  not  read  Chinese,  do  you? 

Mr.  HoLL — Mr.  Brown,  try  your  hand  at  that.  [Exhibiting  a 
paper  to  the  witness.]    Can  you  read  it?     A.  Yes. 

Q.  Take  it  and  read  it — read  it  out  to. the  Board.  Read  that  name 
to  the  Board  ? 

Mr.  Edgerton — Read  it,  if  you  can;  if  you  cannot,  say  so?  A. 
Miss  M.  J.  Patton. 

Mr.  HoLL — Read  it  to  the  Board  ?    A.  This  is  Miss  Patton's  name. 

Q.  Read  it  out  to  the  Board  ?  A.  It  is  Miss  Maggie  Jennie  Patton; 
I  think  so. 

Q.  Do  you  pretend  tC  say  that  you  can  pick  a  letter  addressed  to 
Miss  Patton  out  of  a  number  of  letters  lying  around  there  ?    A.  Yes. 


Testimony  of  G.  B.  Cosby. 

Called  for  the  defense  and  sworn. 

Mr.  HiNKSON — State  your  name  and  official  position  ?    Answer- 
G.  B.  Cosby,  and  at  present  Adjutant-General  of  the  State. 

15 


114 

Competency  and  Deportment  of  TAbr avian. 

Q.  You  know  Mr.  Wallis,  the  present  Librarian?     A.  I  do. 

Q.  State  whether  or  not  your  visits  to  the  library  have  been  fre- 
quent for  the  last  number  of  years,  and  if  so,  for  what  period  of 
time,  and  how  often?  A.  During  the  last  five  or  six  years  I  have 
had  occasion  to  visit  the  library  very  frequently  in  search  of  mis- 
cellaneous works  on  various  subjects. 

Q.  During  your  visits  to  the  library  what  has  been  the  treatment 
of  Mr.  Wallis  to  yourself  and  other  people  in  the  library,  as  you 
have  observed  it?  A.  I  have  always  met  with  the  utmost  courtesy 
and  accommodation  in  searching  for  the  works  that  I  sought,  not 
only  on  the  part  of  Mr.  Wallis,  but  of  all  of  the  employes  in  the 
library. 

Q.  What  was  his  treatment  of  other  visitors  in  your  presence?  A. 
It  was  uniformly,  as  far  as  I  know,  that  of  a  gentleman. 

Q.  From  your  observation  what  efficiency  did  he  display  in  the 
discharge  of  his  duties?  A.  I  will  go  further,  and  say  that  on  vari- 
ous occasions  he  and  others  in  the  library  have  gone  to  a  great  deal 
of  trouble,  more  than  their  official  position  demanded,  to  find  works 
for  me. 

Q.  State  what  facts  you  know  as  to  his  efficiency  in  the  discharge 
of  his  duties?  A.  Well,  sir,  I  have  always  considered  him  very  com- 
petent so  far  as 

Mr.  HoLL — State  the  facts?  A.  Well,  my  memory  runs  over  sev- 
eral years — the  general  impression  left  with  me 

Mr.  HiNKSON — State  the  facts?  A.  Well,  I  remember  on  one  or 
two  occasions  coming  to  the  library  to  find  works  in  relation  to  engi- 
neering subjects.  He  has  searched  for  me  for  the  works  I  inquired 
for,  but  the  works  I  inquired  for  were  not  there,  but  germane  works 
were  sought  for  by  him  for  me  and  obtained,  after  a  great  deal  of 
labor  on  his  part. 

Q.  In  your  visits  and  your'  frequent  applications  for  books,  what 
alacrity  did  he  display  in  searching  for  books  for  you;  in  your 
many  visits  what  tact  did  he  display  in  finding  or  determining 
whether  the  books  were  in  the  library  or  not — those  you  sought?  A. 
Well,  sir,  I  have  gone  there  and  asked  for  certain  works,  and  he  has 
gone  immediately  to  the  shelves  and  got  them  for  me. 

Q.  Did  that  occur  frequently — your  calling  for  books?  A.  Very 
often. 

Mr.  HoLL — In  an  engineering  matter,  you  say  that  with  a  great 
deal  of  labor  he  finall}'  succeeded  in  getting  some  works  germane  to 
the  subject  of  engineering?  A.  I  remember,  on  several  occasions — 
the  exact  works  I  do  not  remember — that  he  sought  diligently  for 
them  and  found  them  for  me. 

Mr.  HiNKSON — Did  he,  as  a  usual  thing,  succeed  in  finding  the 
works  that  you  called  for?  A.  Whenever  I  could  name  the  author 
of  the  work,  and  it  was  in  the  library,  he  usually  found  it  at  once. 

Mr.  HoLL — He  had  some  idea  where  a  book  was  to  be  found  when 
you  gave  the  title  of  it?  A.  Yes;  they  being  classified  in  the  library, 
and  knowing  where  they  were. 


115 

Testimony  of  Charles  Gildea. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — State  your  name  and  official  jjosition?  Answer — 
Charles  Gildea;  member  of  the  State  Board  of  Equalization. 

Comjjetency  and  Deportment  of  Librarian. 

Q.  I  will  ask  you  whether  or  not,  in  the  last  number  of  years,  you 
have  visited  the  State  Library  frequently?     A.  I  have. 

Q.  In  what  capacity  have  you  been  acting  when  visiting  it  at  dif- 
ferent times— what  official  positions?  A.  I  have  been  a  member  of 
the  Legislature,  and  had  occasion  to  visit  the  library  for  the  purpose 
of  getting  books. 

Q.  How  many  years,  since  Mr.  Wallis  has  been  connected  with  the 
library,  have  you  been  accustomed  to  visit  it  frequently  ?  A.  Since 
Mr.  Wallis  has  been  elected,  I  was  here  last  Winter  and  the  Winter 
before  that,  during  the  sessions  of  the  Legislature. 

Q.  Years  before  that,  when  he  was  in  the  library  as  a  subordinate, 
you  were  here  frequently?     A.  While  he  was  a  deputy,  yes. 

Q.  What  has  been  Mr.  Wallis'  deportment  towards  you  and  his 
treatment  of  you  when  you  visited  the  library  since  he  has  been 
Librarian  and  while  he  was  deputy  ?     A.  Very  courteous,  sir. 

Q.  What  has  been  his  treatment  of  other  visitors  in  your  presence? 
A.  I  think  it  has  been  very  good  and  very  courteous.  I  could  not 
see  anything  that  I  could  in  any  manner  complain  of  either  to  myself 
or  in  my  presence  to  anybody  else. 

Q.  Have  you  had  occasion  to  go  there  frequently  to  call  for  books? 
A.  Yes. 

Q.  State  what  facts  you  know  in  regard  to  when  you  have  been 
there  calling  for  books,  from  your  knowledge  of  the  books,  as  to  his 
competency  for  the  position  ?  A.  Well,  when  I  went  there  and  called 
for  books  when  he  was  Deputy  Librarian,  and  also  since  he  has  been 
Librarian,  he  would  sometimes  go  and  get  them,  and  sometirnes 
some  other  person  would  go  and  get  them  ;  but  whether  it  was  him- 
self or  some  other  pe'rson,  I  always  got  them  immediately,  which 
would  indicate,  of  course,  that  he  understood  where  his  books  were, 
and  all  that  sort  of  thing. 

Cross-examination. 

Mr.  HoLL — Were  they  law  books  or  miscellaneous  books?  A. 
Well,  both  ;  more  law  books  than  miscellaneous  books. 

Q.  Do  you  remember  of  ever  going  into  the  miscellaneous  library 
and  asking  for  any  particular  kind  of  book  on  any  particular  sub- 
ject? A.  No,  I  could  not.  I  have  gone  there  frequently,  but  I  could 
not  call  to  mind  any  particular  occasion. 

Q.  What  class  of  books  would  you  be  most  likely  to  inquire  for — 
what  is  your  bent?  A.  What  is  my  bent  of  reading  on  miscella- 
neous subjects  ? 

Q.  Yes.     A.  It  ranges  considerably;  it  is  entirely.owing  to  my  bent 


116 

of  mind  ;  Grecian  history  and  history  of  other  kinds.  My  reading  is 
sometimes  history  and  sometimes  light  literature. 

Q.  Would  you  name  the  book  and  the  author  to  whoever  was  in 
charge  when  you  asked  for  a  book  ?     A.  Yes. 

Q.  That  is  the  way  that  you  have  asked  for  the  books  and  that  is 
the  way  that  they  were  furnished  you?  A.  Yes.  If  I  desired  to 
read  any  particular  book  I  would  naturally  ask  the  Librarian  if  he 
had  the  book. 

Q.  If  you  wanted  to  read  Grote's  History  of  Greece,  you  would  ask 
for  that  book  ?    A.  Yes. 

Q.  Then  the  Librarian  would  go  and  bring  you  the  book?  A. 
Yes. 

Q.  That  has  been  your  experience  in  regard  to  this  matter?  A. 
Certainly. 


Testimony  of  C.  E.  Grunsky. 

Called  and  sworn  on  behalf  of  the  defense. 
Mr.  Johnson — Your  name  is  C.  E.  Grunsky?    Answer — Yes. 
Q.  You  reside  in  Sacramento  and  have  for  some  years?     A.  Yes. 
Q.  You  are  now  and  have  been  for  a  number  of  years  connected 
with  the  State  Engineer's  office  of  this  State?     A.  Yes. 

Cortipetency  and  Deportment  of  Librarian. 

Q.  In  the  course  of  the  years  that  you  have  been  engaged  in  that 
office  have  you  had  business  in  the  State  Library  occasionally?  A. 
Yes,  I  have  frequently. 

Q.  Quite  frequently  ?     A.  Yes. 

Q.  During  that  time  have  you  had  business  relations  with  the 
Librarian,  T.  H.  Wallis?     A.  Yes,  frequently. 

Q.  State  to  the  Board  now,  as  to  his  manner,  his  demeanor,  and  his 
deportment  towards  you  and  other  people,  as  it  came  under  your 
observation,  whether  affable,  or  not;  gentlemanly,  or  not?  A.  He 
was  always  courteous  to  me,  so  far  as  I  kno\^.  I  have  always  been 
treated  with  every  consideration  that  I  could  expect  from  a  person 
in  charge  of  a  library,  by  himself,  as  well  as  by  all  his  assistants  at 
all  times. 

Q.  State  as  to  his  ai-)parent  knowledge  of  the  books  and  subjects,  if 
it  came  under  your  observation  when  you  were  examining  and  hunt- 
ing for  books  there,  and  whether  he  was  able  to  assist  you  or  not? 
A.  I  have  always  found  him  so;  I  have  had  occasion  to  inquire  for 
books  quite  frequently  ;  books  of  a  scientific  character  more  than  anj'' 
others,  and  I  have  always  found  my  wishes  immediately  attended  to, 
and  had  no  reason  to  think  that  any  one  could  have  done  better,  so 
far  as  a  knowledge  of  books  in  the  library  is  concerned. 

Cross-examination. 

Mr.  HoLL — You  mean  so  far  as   where  to  find  books  when  the 


117 

author  and  the  name  of  the  book  is  given  ;  is  that  what  you  mean? 
A.  Yes. 

Q.  Did  you  ever  try  him  by  asking  him  whether  he  had  certain 
authors,  naming  certain  subjects  that  you  were  trying  to  investigate? 
A.  I  do  not  remember  to  have  had  any  occasion  to  make  such  an 
inquiry,  because  I  generally  have  been  posted  as  to  what  I  wanted  to 
get,  and  I  would  go  into  the  library  and  inquire  for  it. 

Q.  Then  the  skill  he  displayed  was  in  being  able  to  get  the  books 
from  the  difterent  places  in  the  library  after  you  gave  him  the  title; 
he  knew,  of  course,  their  classification?  A.  Yes,  he  possessed' that 
skill. 


Testimony  of  VVm.  Hammond  Hall. 

• 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  Wm.  Hammond  Hall  ?    Answer — Yes. 
Q.  You  are   now,  and   have  been  for  a   number   of  years,   State 
Engineer  of  California?    A.  I  have. 
Q.  Your  office  is  in  this  Capitol?    A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  During  the  number  of  years  that  you  have  been  State  Engineer 
has  your  business  called  you  in  the  State  Library  at  all?    A.  It  has. 

Q.  Very  frequently  ?     A.  Quite  frequently. 

Q.  Are  you  acquainted  with  Mr.  T.  H.  Wallis,  the  State  Librarian? 
A.  Yes. 

Q.  Have  you  had  business  relations  with  him  in  the  State  Library? 
A.  Yes. 

Q.  State  as  to  his  manner  and  demeanor,  whether  courteous  or 
not,  gentlemanly'  or  not,  affable  or  not,  towards  you  and  towards 
other  people,  when  it  came  under  your  observation?  A.  Always 
courteous  towards  me;  I  never  noticed  anything  to  the  contrary 
towards  other  people. 

Q.  State  as  to  the  knowledge  he  displayed  as  to  the  books  in  the 
library  and  their  classification,  and  whether  or  not  he  was  able  to 
render  you  any  assistance  in  securing  the  books  that  you  wished  to 
examine?  A.  Well,  he  always  was  able  to  find  any  book  that  I 
asked  for.  He  appeared  to  be  familiar  with  the  contents  of  the 
library. 

Q.  What  were  the  books  3'ou  usually  inquired  for?  A.  Generally 
speaking,  engineering  books  and  law  books. 

Cross-examination. 

Mr.  HoLL — When  you  would  inquire  for  an  engineering  work  you 
would  know  what  author  you  wanted  to  consult,  and  the  subject, 
and  you  would  ask  him  for  a  certain  book,  giving  the  name  and  the 
title  of  the  book?     A.  Not  always. 

Q.  How  would  that  be?    A.  Generally  speaking,  I  would  know 


118 

what  book  I  wanted,  and  would  give  the  name  and  the  title,  and  at 
other  times  I  would  know  the  subject  I  wanted  to  inquire  into,  and 
I  would  ask  him  in  what  department  I  could  find  such  books. 

Q.  And  then  he  would  take  you  to  a  certain  alcove,  and  would 
tell  you  that  in  that  alcove  were  books  on  that  subject?  A.  Yes; 
and  sometimes  he  would  go  and  find  the  book  or  books  and  give 
them  to  me. 

Q.  Sometimes  he  would  go  himself  to  the  alcove  and  bring  them 
to  you?     A.  Yes. 

Q.  Did  you  ever  ask  him  what  authors  he  had  upon  any  branches 
of  engineering,  such  works  as  you  did  not  know  yourself,  to  ascer- 
tain whether  any  new  books  had  been  published?  A.  Never,  in  as 
broad  and  as  general  a  way  as  that,  because  it  is  ray  especial  business 
to  keep  posted  in  that  line  of  books. 

Q.  And  you  obtain  a  knowledge  in  advance  as  to  what  publica- 
tions there  are?     A.  Yes;  generally  speaking. 

Q.  His  skill  was  displayed  in  finding  what  you  wanted,  if  you 
knew  what  you  wanted?  A.  That  was  generall}'  the  case.  How- 
ever, though,  as  I  said  before,  it  happened  otherwise  sometimes. 

Q.  What  do  you  mean  by  "otherwise;"  what  did  happen  at  other 
times?  A.  That  I  wanted  books  on  some  subject,  some  particular 
branch  of  a  subject,  and  would  ask  in  a  general  way  for  works  touch- 
ing on  that  branch  of  the  subject! 

Q.  Naming  the  subject  and  the  classification  of  the  subject,  and 
then  he  would  go  and  get  you  tiie  books  that  belonged  to  that  class 
of  works?  A.  He  would  either  get  me  the  books  or  tell  me  where  to 
find  them,  that  is  if  they  happened  to  be  in  the  library. 


Testimony  of  Wilbur  F.  George. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  W.  F.  George  ?    Answer — Yes. 

Q.  You  reside  in  this  city?     A.  Yes. 

Q.  You  are  an  attorney  ?     A.  Yes. 

Q.  You  have  practiced  law  here  for  a  number  of  years?     A.  Yes. 

Q,.  You  are  the  author  of  a  book  on  criminal  law?    A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  In  the  course  of  your  business  have  j^ou  called  into  the  State 
Library?     A.  A  number  of  limes. 

Q.  Quite  frequently  ?     A.  Continuously  for  the  last  eight  years. 

Q.  Do  you  know  T.  H.  Wallis?     A.  Very  well. 

Q.  When  you  were  engaged  in  preparing  your  book  was  your  time 
considerably  taken  up  in  the  library?     A.  Yes;  all  of  my  time. 

Q.  Forabout  how  long?     A.  For  nearly  ayear — about  nine  months. 

Q.  During  that  time  was  Mr.  Wallis  connected  with  the  library? 
A.  Yes. 

Q.  State  to  the  Board  as  to  the  demeanor  of  Mr.  Wallis  during 


119 

that  time  to  yourself  and  to  other  persons  under  your  observation, 
whether  it  was  courteous  and  pleasant  or  not,  and  gentlemanly  or 
not?  A.  Mr.  Wallis  always  treated  Mr.  White  and  myself  during 
the  time  we  were  engaged  on  that  w'ork,  and  always  treated  myself 
on  any  occasion  when  I  visited  this  library,  in  the  most  courteous 
manner.  It  could  not  have  been  possible  for  any  one  to  have  been 
more  pleasant  or  more  polite.  He  always  obtained  the  books  I  desired. 
Q,.  State  as  to  the  knowledge  he  displayed  in  reference  to  the  con- 
tents of  the  librarN'  wdien  you  W'ould  have  occasion  to  ask  him  in 
reference  to  it?  A.  My  visits  to  the  library  have  been  confined 
chiefly  to  the  law  department.  I  think  Mr.  Wallis  has  as  intimate 
a  knowledge  of  the  law  department  as  anybody  I  ever  saw.  I  am 
very  well  acquainted  with  the  law  department  of  the  library  myself, 
having  visited  it  for  the  last  eight  years  several  times  a  week.  My 
knowledge  of  that  department  is  ver}'  extensive,  but  t  think  that 
Mr.  Wallis  has  a  much  better  knowledge  than  I  have. 

Cross-exaininatio7i. 

Mr.  HoLL — With  reference  to  the  finding  of  the  volumes  tiiat  you 
wished  to  consult  in  preparing  your  work  or  in  writing  your  briefs, 
the  reports  and  the  text-books  are  arranged  on  the  shelves  by  States, 
or  they  are  classified  in  alphabetical  order.  He  is  familiar  with  where 
these  books  are,  where  he  can  find  them,  and  he  does  it  readily?  A. 
Not  only  that,  but  in  addition  to  that,  I  found  that  Mr.  Wallis  keeps 
a  very  accurate  account  and  knowledge  of  the  new  books  that  are 
issued.  Very  often,  in  my  investigations  of  law'  subjects,  I  have 
desired  to  get  a  particular  work  that  I  knew  had  been  issued  but 
was  unable  to  remember  the  name  of  it,  and  I  have  asked  him  for 
it,  and  he  remembered  the  name  and  the  particular  law  topic  on 
which  it  treated.  He  would  almost  invariably  remember  that  such 
a  work  had  been  issued,  and  if  not,  he  would  refer  to  his  catalogue 
that  he  kept  in  his  office  to  find  whether  such  a  work  had  been 
issued  or  not. 

Q.  If  he  had  received  it  in  the  library  he  would  remember  that 
he  had  received  the  work?    A.  Yes. 


Testimony  of  William  S.  Church. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — You  are  at  present  a  resident  of  Sacramento  City? 
Answer — At  present;  yes. 

Q.  And  have  been  for  some  length  of  time?     A.  Yes. 

Q.  For  how  long?    A.  Since  about  the  middle  of  May  last. 

Q.  Of  this  year?  A.  Yes;  of  this  year. 

Q.  During  that  time  where  have  you  been  occupied  and  what  has 
been  your  business?  A.  I  have  been  writing  a  work  on  habeas 
corpus,  and  have  been  occupied  in  the  State  Library. 

Q.  Daily?    A.  Yes. 


120 

Competency  and  Deportment  of  Librarian. 

Q.  Of  course,  during  that  time  you  have  seen  Mr.  Wallis  and  have 
had  business  relations  with  him?     A.  I  have,  to  some  extent. 

Q.  Now,  state  as  to  Mr.  Wallis' demeanor,  and  his  deportment  as 
to  yourself  and  to  other  people,  within  your  knowledge — whether 
courteous  or  not,  polite  or  not,  gentlemanly  or  not?  A.  Mr.  Wallis 
has  always  treated  me  with  the  utmost  consideration,  very  gentle- 
manly and  very  courteous,  and  has  from  time  to  time  assisted  me  in 
looking  up  books  that  I  wished  to  consult. 

Q.  State  as  to  your  knowledge,  if  you  had  occasion  to  notice  it,  in 
reference  to  his  knowledge  of  the  books  in  the  library  and  their  clas- 
sification as  to  subjects?  A.  The  only  instance  in  which  I  have 
noticed  it  particularly,  that  I  recollect  at  present,  was  some  two 
months  ago  probably,  when  I  was  looking  for  some  old  English 
report.  I  looked  over  the  Law  Library  until  I  got  tired — it  must  have 
been  half  an  hour — and  finally  Mr.  Wallis  stepped  in,  and  I  called 
upon  him  to  hunt  up  a  number  of  reports  that  I  wanted;  there  must 
have  been  twenty-five  or  thirty  volumes.  He  went  up  stairs  and 
assisted  in  collecting  them,  and  towards  the  last  I  called  upon  him 
for  this  report.  Among  the  English  reports  there  is  a  division  called 
the  "black  letter"  books.  I  had  searched  almost  everywhere  else, 
and  had  failed  to  find  it,  and  when  I  called  his  attention  to  it  he 
said:  "Church,  that  is  a  black  letter  book,"  and  he  went  and  found 
it  almost  immediately.  He  assisted  me  in  a  few  minutes,  and  col- 
lected all  the  books  that  I  wanted,  and  I  took  them  down  stairs  and 
proceeded  to  my  labors.  He  and  Mr.  Gunn  both  have  been  kind  to 
me,  and  have  helped  me  in  various  ways,  until  I  can  now  assist 
myself. 

Cross-examination. 

Mr.  HoLL — Has  Mr.  Wallis,  in  the  law  library,  been  uniformly 
courteous  when  he  has  spoken  of  people  who  were  not  present. 
Does  he  always  talk  of  them  in  courteous  terms,  or  have  you  heard 
him  use  language  very  unseemlj"  and  undignified  ?  A.  I  have  heard 
Mr.  Wallis  express  himself  very  forcibly  at  times,  but  not  in  a 
mingled  company.  Whenever  he  has  seen  fit  to  express  his  views 
with  feeling,  I  have  noticed  it  has  generally  been  in  the  presence  of 
three  or  four  of  us  who  are  perfectly  familiar. 

Q.  And  then  he  would  speak  in  such  a  way  as  would  attract  your 
attention  on  account  of  its  forcible  manner.  Is  that  so?  A.  In  what 
way? 

Q.  In  any  way?  Did  you  ever  hear  him  use  profane  language  at 
such  times?  A.  I  might  as  well  say  here  that  I  have  been  somewhat 
in  the  confidence  of  Mr.  Wallis,  and  I  have  heard  him  say  things,  in 
conversation,  which  I  have  no  right  to  repeat  here,  and  I  refuse  to 
do  so.  I  am  talking  of  his  general  demeanor,  and  of  his  general 
language  towards  persons  who  were  casually  in  the  library,  or  who 
had  business  there. 

Q.  You  do  not  mean  to  be  understood  that  on  those  special 
occasions,  when  he  would  use  language  that  you  do  not  now  want  to 


121 

repeat A.  I  do  not  object  to  repeating  the  language,  only  it 

might — what  he  said  to  me  I  mean,  has  been  in  a  confidential  way, 
and  I  should  not  repeat  it.  In  these  conversations,  which  might 
occur  either  in  the  library  or  out,  things  have  been  said  which  1  do 
not  wish  to  state. 

Q.  I  am  not  talking  about  confidential  conversations.  You  were 
talking  about  the  general  style  of  his  demeanor  and  deportment. 
Was  it  said  to  you  in  the  way  of  a  private  conversation,  or  was  it 
said  in  the  library,  so  that  if  other  persons  had  been  in  the  library, 
they  could  have  heard  it? 

Objected  to. 

Q.  Were  they  in  the  nature  of  private  conversations,  or  were  the 
remarks  he  made  there  so  that  anybody  that  happened  to  be  present 
could  hear?     A.  What  remarks? 

Q.  Those  you  referred  to  as  being  personal,  and  which  you  say, 
perhaps  might  have  been  of  a  private  character?  A.  I  do  not  know 
that  I  could  recall  any  particular  conversation. 

Q.  Did  you  ever  hear  him  make  remarks,  that  were  of  an  offensive 
nature,  that  were  not  in  private  conversation  addressed  to  you,  or 
any  one  else,  in  a  private  way — by  way  of  private  communication  or 
private  conversations?  A.  I  do  not  know  as  I  can  recall  any  par- 
ticular occasion,  on  which  he  offended  any  outside  person  that  I 
know  of,  by  his  remarks. 

Q.  Such  remarks  as  were  offensive?  A.  The  matter  might  be 
explained  by  saying  this:  that  since  I  have  been  there,  during  the 
regular  oftice  hours  of  the  library,  Mr.  Wallis  has  been  in  the  Law 
Library  comparatively  very  little  of  the  time,  and  when  he  would 
come  in  his  deportment,  generally  speaking,  so  far  as  I  know  and 
have  observed,  has  been  good;  but  I  have  been  there  a  good  deal  of 
the  time  in  the  evening,  and  a  great  deal  of  what  I  have  heard  and 
what  has  been  said  has  been  said  in  the  evening,  and  was  not 
intended  for  the  public  ear,  and  consequently  could  not  offend  any 
one  except  those  who  were  all  there  friends  at  work. 

Q.  Such  conversations  then  are  less  offensive  in  your  judgment 
because  they  were  in  the  evening  when  usually  the  library  is  not 
visited  by  many  people?  A.  I  am  speaking  of  conversations  which 
if  heard  by  others  might  give  offense,  not  on  account  of  the  boister- 
ous manner,  but  on  account  of  what  was  said. 


Testimony  of  H.  L  Willey. 

Called  and  sworn  on  behalf  of  the  defense. 
Mr.  Johnson — Your  name  is  H.  I.  Willey?     Answer — Yes. 
Q.  You  are  at  present  Surveyor-General  of  the  State  of  California? 
A.  Yes. 
Q.  Your  office  is  in  the  State  Capitol?    A.  Yes. 
Q.  And  has  been  since  January  last?     A.  Yes. 

16 


122 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  T.  H.  Wallis,  the  State  Librarian?     A.  I  do. 

Q.  Has  your  business  called  you  into  the  State  Library  during  your 
official  connection  with  the  State  Government?    A.  Very  seldom. 

Q.  You  have  been  in  there  ?    A.  Yes. 

Q.  And  you  have  seen  him  ?     A.  Yes. 

Q.  And  had  business  with  him  ?     A.  Yes. 

Q.  State  as  to  his  demeanor  and  deportment  towards  yourself  and 
other  people  as  it  came  under  your  observation  while  you  were  there  ? 
A.  His  demeanor  to  me  has  always  been  courteous,  and  I  have  never 
noticed  anything  discourteous  in  his  demeanor  to  others. 

Q.  Have  you  ever  had  occasion  to  ask  him  in  relation  to  books  in 
the  library?     A.  No;  I  have  no  time  to  devote  to  literary  matters. 

Q.  Has  your  business  brought  you  into  the  Law  Library?  A.  Sev- 
eral times  I  have  been  in  there. 

Q.  At  any  of  the  times  you  have  been  in  there  have  you  called 
upon  Mr.  Wallis  for  any  information  or  assistance,  and  if  so,  was  it 
promptly  given,  and  did  he  manifest  a  familiarity  with  that  depart- 
ment? A.  I  must  say  that  he  did  at  one  time.  I  had  to  call  upon 
him  for  some  information  which  required  considerable  research  and 
he  found  everything  that  I  desired. 

Cross-examination. 

Mr.  HoLL — To  you  personally  his  conduct  and  conversation  has 
been  courteous  and  kind  ?     A.  In  my  presence,  yes. 

Q.  Has  it  always  been  that,  so  far  as  you  know,  when  you  were  not 
present  ?  Do  you  know  anything  about  the  character  of  this  man's 
conversation  outside  of  your  own  knowledge?  A.  I  have  no  knowl- 
edge of  anything  that  occurred  when  I  was  not  present. 


Testimony  of  John  Markley. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  John  Markley  ?    Answer — Yes. 

Q.  You  are  a  member  of  the  State  Board  of  Equalization  ?     A. 

Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  Mr.  Wallis,  the  State  Librarian?     A.  Yes. 

Q.  Have  you  ever  had  any  business  relations  with  him  or  any  busi- 
ness which  took  you  into  the  State  Library?  A.  I  have  had  occa- 
sion, I  think,  two  or  three  times,  to  hunt  up  some  matters  in 
relation  to  taxes,  and  I  have  had  occasion  to  look  for  tliem  myself, 
and  I  could  not  find  them,  and  I  called  on  Mr.  Wallis,  and  he 
found  them  for  ine. 
*  Q.  Did  he  or  did  he  not  manifest  a  knowledge  of  the  business  that 


123 

3'ou  asked  liim  about?  A.  Yes;  he  manifested  a  knowledge  of  the 
business. 

Q.  State  as  to  his  demeanor  towards  yourself,  and  towards  other 
people,  as  it  came  under  your  observation  ;  wliether  courteous  or  not, 
polite  or  not,  gentlemanly  or  not?  A.  He  was  courteous  and  polite 
to  me. 

Q.  And  to  others,  so  far  as  you  could  see?  A.  And  to  others  so 
far  as  I  knew. 

No  cross-examination. 


Testimony  of  John  W.  Armstrong. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  John  W.  Armstrong?     Answer — Yes. 

Q.  You  are  at  present  a  Judge  of  the  Superior  Court  of  Sacra- 
mento County  ?    A.  Yes. 

Q.  Do  you  know  T.  H.  Wallis  '^     A.  I  do. 

Q.  Do  you  know  Miss  M.  A.  Patton?     A.  I  do. 

Q.  Were  you  accjuainted  with  Miss  Patton  during  her  connection 
with  the  State  Library?     A.  Yes. 

Opening  and  Ddention  of  Letters. 

Q.  Do  you  remember  having  a  conversation  with  Miss  Patton 
some  time  in  April  of  this  year,  about  a  certain  letter  which  she 
claimed  that  something  had  happened  to?  A.  I  had  a  conversation 
with  her  some  time  after  the  Legislature  adjourned.  I  cannot  tell 
exactly  when? 

Q.  Where  was  it?  A.  It  was  at  my  house.  I  can  refer  to  circum- 
stances that  would  probably  fix  the  time.  It  was  about  the  close  of 
the  first  hard  rain  we  had.  My  wife  was  away  from  home.  She  was 
up  at  Drytown,  and  I  fix  the  date  by  reason  of  that  circumstance.  It 
rained  while  she  was  up  there.  She  was  up  there  two  weeks,  and 
this  occurred  the  last  Sunday  that  she  was  away  from  home.  Miss 
Patton  came  to  tlie  house,  and  I  was  lying  on  my  lounge  alone,  and 
I  invited  her  to  come  in  and  sit  down.  She  came  in,  and  after  she 
sat  down  she  put  her  hands  up  to  her  face  and  seemed  to  be  weeping, 
and  was  feeling  very  badly.  I  asked  her  what  was  the  matter.  She 
waited  for  some  time,  and  then  I  arose  from  where  I  was  reclining 
on  the  lounge,  and  after  awhile  she  commenced  and  told  me  this: 
that  she  had  had  some  trouble  up  in  the  library  about  her  letters, 
and  I  asked  her  what  it  was,  and  she  said  that  some  letters  had  been 
detained  two  or  three  days,  and  that  she  did  not  like  to  be  treated  in 
that  way  about  her  letters.  I  said  to  her  that  I  was  sorry  that  there 
was  any  trouble  now  in  the  library  among  the  employes  of  the 
library,  and  I  thought  I  had  had  trouble  enough  with  outside  ene- 
mies, and  that  I  supposed  that  they  were  all  getting  along  pleasantly, 
and  that  there  was  no  trouble  between  them  up  here  at  all,  and  up- 
to  that  time  I  had  never  heard  of  anything.  She  said  that  her  let- 
ters had  been  detained.     I  felt  interested  in  knowing  whether  any 


124 

one  had  an  object  in  detaining  them,  and  for  that  purpose  I  asked 
her  whether  the  letters  had  been  "opened  or  not — wliether  they  were 
letters  of  business  or  letters  of  importance.  She  said  they  had  not 
been  opened,  and  that  they  were  merely  friendly  letters,  but  that  she 
did  not  like  to  have  her  letters  laying  around  for  two  or  three  days 
without  being  delivered  to  her.  I  then  said  to  her,  "I  will  tell  you, 
Miss  Patton,  I  know  that  you  are  nervous" — she  had  been  afflicted 
with  rheumatism,  and  I  knew  that  the  storm  which  was  just  passing 
off  was  liable  to  affect  her  and  make  her  nervous  about  small  mat- 
ters— and  I  said  that  if  the  letters  had  not  been  opened  no  one  could 
have  an  intention  to  detain  them,  and  that  it  must  have  been  acci- 
dental, and  that  if  she  was  not  feeling  nervous  she  would  not  regard 
it  as  9,  matter  of  any  importance  and  would  pass  it  along.  She  stayed 
there  awhile  and  we  talked,  and  she  got  to  feeling  well  and  I  walked 
home  with  her.  I  made  a  visit  at  her  home.  That  is  the  substance 
of  the  conversation. 

Cross-examinatio7i. 

Mr.  HoLL — Did  she  tell  you  that  the  letters  had  not  been  opened, 
or  that  she  did  not  know  that  they  had  been  opened  ?  A.  She  said 
the  letters  had  not  been  opened,  and  from  that  I  took  it  that  the 
detention  was  accidental,  and  not  by  design.  If  she  had  told  me 
the  letters  had  been  opened  I  should  then  have  inquired  into  it,  and 
would  have  seen  if  there  was  anybody  around  the  library  that  had 
any  object  in  opening  the  letters.  This  was  the  first  intimation  I 
had  that  there  was  any  ill  feeling  among  the  employes  of  the  library. 

Q.  The  time  of  that  conversation  you  cannot  locate  any  nearer 
than  that  it  was  about  the  time  of  the  first  rains?  A.  It  was  the 
closing  of  the  first  heavj'  rains;  that  is  about  the  time  it  was. 

Q.  About  the  vernal  equinox?  A.  Well,  I  do  remember  when 
that  occurs;  I  did  when  I  was  a  boy  studying  geography. 


Testimony  of  Duncan  Beaumont. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  Duncan  Beaumont?     Answer — Yes. 

Q.  You  reside  now,  and  have  for  a  number  of  years,  in  Sacra- 
mento?   A.  Yes. 

Q.  You  are  in  the  State  Engineer's  office?     A.  Yes. 

Q,.  You  were  connected  with  the  Surveyor-General's  office  for  two 
terms?    A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  You  have  known  Mr.  T.  H.  Wallis,  the  present  State  Librarian, 
for  a  number  of  years?    A.  Yes. 

■  Q.  Has  your  business  ever  called  you  into  the  State  Library?  A. 
Yes,  I  have  been  in  the  library  a  great  many  times  foV  the  purpose 
of  getting  books. 


125 

Q.  You  have  seen  Mr.  Wallis  there?     A.  Yes. 

Q.  State  to  tlie  Board  as  to  his  demeanor  and  deportment  towards 
you  and  towards  other  people  when  it  came  under  your  observation, 
as  to  whether  it  was  courteous  or  not,  yentlemanly  or  not?  A.  Well, 
all  the  time  he  was  acting  as  deputy  I  generally  found  him  very 
pleasant;  I  never  had  any  trouble  with  him.  Since  he  has  been 
Librarian  I  have  not  been  in  the  library  so  much,  but  still  I  have 
had  to  get  a  number  of  books  out  for  our  office,  and  also  for  my  own 
use,  and  always  was  treated  well  and  pleasantly  in  the  library. 

Q.  Have  you  ever  had  occasion  to  ask  him  in  reference  to  books, 
or  to  find  any  book,  or  obtain  any  books  for  you?  A.  No — once  or 
twice  in  the  Law  Library  I  have  inquired  for  books. 

Q.  Was  he  always  prompt  in  getting  them?  A.  Yes;  I  never  had 
any  trouble  in  getting  them. 

Mr.  HoLL — You  say  you  were  in  the  Law  Library  when  you  had 
occasion  to  ask  him  to  get  some  books  for  you  ?     A.  Yes. 

Q.  What  were  those  books.  State  reports?  A.  Sometimes  they 
were  reports  here  and  then  reports  of  other  States. 

Q.  When  you  asked  him  for  reports  of  our  own  State  he  had  no 
difficulty  in  finding  them  for  you  ?     A.  No. 


Testimony  of  Winfield  J.  Davis. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  Winfield  J.  Davis?    Answer — Yes. 

Q.  You  are  now,  and  have  been  for  the  past  seven  or  eight  years. 
Official  Reporter  of  the  Superior  and  District  Courts  of  this  county? 
A.  I  have. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Talbot  H.  Wallis,  the  State  Librarian?  A.  I 
have  known  him  intimately  for  several  years. 

Q.  Has  your  business  been  such  as  to  call  j^ou  into  the  State 
Library  during  the  past  five  or  six  years  or  more?    A.  Yes. 

Q.  Have  you  been  here  quite  frequently?     A.  Very  frequently. 

Q.  Have  you  had  business  relations  with  Mr.  Wallis  since  he  has 
been  connected  with  the  State  Library  ?     A.  Yes. 

Q.  State  now  as  to  his  manner,  whether  it  was  pleasant,  affable, 
and  gentlemanly,  or  not?  A.  He  has  always  treated  me  with  the 
utmost  courtesy,  and,  so  far  as  my  observation  goes,  he  has  treated 
others  here  with  the  utmost  courtesy  and  affability. 

Q.  State  whether  he  has  manifested  in  your  presence  any  knowl- 
edge of  the  books  in  the  library  and  for  their  classification  and 
arrangement? 

Mr.  HoLL  objected,  as  irrelevant  and  immaterial,  and  the  Board 
overruled  the  objection. 

A.  He  has. 

Q.  Just  explain  as  to  that,  if  you  can.     You  are  now  and  have  been 


126 

engaged  for  some  time  in  writing  a  political  history  of  this  State  ? 
A.  Well,  I  have  been  collecting  data  for  such  a  work. 

Q.  And  tliat  has  naturally  brought  you  into  the  library  quite  fre- 
quently ?    A.  Yes. 

Q.  Go  on  and  give  instances,  if  you  can,  of  Mr.  Wallis'  knowledge 
of  the  books  here?  A.  I  have  had  occasion  to  consult  books  both  in 
the  law  and  miscellaneous  departments  of  the  library,  and  wlienever 
I  inquired  of  Mr.  Wallis  for  a  book  I  have  had  no  difficulty  in  find- 
ing it.  He  has  promptly  taken  me  to  the  place  where  the  particular 
book  was. 

Cross-examination. 

Mr.  HoLL — You  would  ask  for  a  book  and  would  give  him  the  title 
of  the  book  and  the  name  of  the  author,  and  he  would  take  you  to 
the  part  of  the  library  where  that  class  of  books  are  kept?  A,  Yes  ; 
but  at  times  I  would  not  know  exactly  the  title  of  the  book  or  the 
name  of  the  author.  I  would  see  a  reference  in  an  old  newspaper  to 
a  book  that  had  been  published  years  back,  and  I  would  ask  him  if 
such  a  book,  giving  its  description  as  nearly  as  I  could,  was  in  the 
library,  and  he  has  been  able  to  furnish  me  the  information  that  I 
required. 

Q,.  And  you  would  give  him  the  title  of  the  book  ?  A.  As  nearly 
as  possible.     At  times  I  would  not  know  exactly  its  title. 

Q.  You  would  give  him  to  understand  what  you  wanted,  and  he 
would  go  and  find  the  book  among  the  books  classified  under  that 
subject?  A.  I  do  not  know  that  he  could  have  done  any  more  than 
that. 

Q.  Did  he  know  anything  about  the  books  except  to  go  and  find 
them?  A.  At  times  I  would  find  that  he  was  more  familiar  with 
the  books  than  I  was. 

Q.  What  is  the  character  of  books  that  you  would  generally  ask 
for?  A.  Books  relating  to  the  history  of  California,  to  the  history  of 
Mexico,  and  works  on  law  that  related  to  this  State  and  coast,  and 
also  law  works  generally  that  were  required  in  connection  with  my 
business  as  the  reporter  of  a  Court. 

Q.  In  the  law  department  of  the  library  ?     A.  Yes. 

Q.  He  would  bring  you  such  books  as  you  asked  for,  I  suppose  ?  A. 
Yes. 


Testimony  of  E.  W.  Maslin. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — What  is  your  present  official  position  ?  Answer — 
Clerk  of  the  State  Board  of  Equalization. 

Q.  What  other  positions  have  you  held  in  the  last  few  years?  A. 
I  have  held  this  position  since  April,  1880,  I  think. 

Q.  What  other  positions  have  you  held?  A.  I  was  four  years  with 
Governor  Irwin  as  Private  Secretary. 

Q.  What  other  positions  have  you  held?  A.  I  was  Clerk  of  the 
State  Board  of  Equalization. 


127 

Q.  Were  you  ever  Trustee  of  the  State  Library?  A.  Yes;  I  had 
forgotten  all  about  that. 

Q.  Wlien  were  you  Trustee  of  the  State  Library?  A.  I  was  elected 
in  the  Winter  of  1878,  and  held  until  April,  1882. 

Competency  and  Deportment  of  Librarian. 

Q.  Mr.  Wallis  was  then  Deputy  Librarian?     A.  Yes. 

Q.  During  the  time  you  held  that  office  and  the  office  of  Private 
Secretary  to  Governor  Irwin  and  the  office  you  are  now  holding,  did 
your  duties  call  you  to  frequently  visit  the  State  Library?     A.  Yes. 

Q.  State  what  Mr.  Wallis'  usual  treatment  and  deportment  towards 
you  and  towards  visitors  in  your  presence  during  your  visits  to  the 
library  has  been  ?     A.  Mr.  Wallis,  at  that  time 

Q.  Up  to  the  present  time?  A.  When  I  was  Trustee,  Mr.  Wallis, 
most  of  the  time,  was  in  the  library  here.  He  had  charge  of  the 
Law  Department.  Afterwards  he  became  a  deputy,  and  of  course 
his  duties  took  him  to  other  portions  of  the  building.  I  never  saw 
anything  out  of  the  way  as  to  Mr.  Wallis'  treatment  of  any  person 
who  had  any  business  with  the  State  Library.  On  the  contrary,  I 
think  Mr.  Wallis  is  as  much,  if  not  more,  than  any  one  I  ever  saw, 
particularly  obliging  towards  all  visitors  and  persons  having  any 
business  in  the  State  Library. 

Q.  And  gentlemanly  in  his  deportment  to  them?  A.  Yes.  Of 
course,  Mr.  Wallis  has  a  bluff  way  about  him,  but  he  certainly  is 
extremely  obliging. 

Q.  State  what  you  know  about  his  qualifications  as  Librarian  ? 

Mr.  HoLL — Based  on  any  knowledge  of  books  that  he  has  dis- 
played ?  A.  Well,  it  would  be  very  difficult — it  would  be  only  an 
opinion  on  my  part  as  to  his  general  qualification.  For  instance,  as 
to  his  literar}'  training  or  his  literary  acquirements,  I  do  not  know 
very  much  about  that,  but  so  far  as  his  knowledge  of  books  in  tliB 
library  is  concerned,  where  they  are  and  what  they  contain,  I  have 
always  noticed  that  iVIr.  Wallis  knew  where  the  books  were,  and  was 
always  able  to  give  anybody  any  information  on  any  subject  which 
they  desired  to  investigate.     Tliat  has  been  my  observation  of  him. 

Cross-examination. 

Mr.  HoLL — State  any  instance  that  you  know  of  where  he  has  fur- 
nished anybody  with  any  information  on  a  matter  that  was  peculiarly 
within  his  own  knowledge?  A.  I  seldom  have  been  in  the  Law 
Department  here,  Mr.  HoU,  and  I  think  I  probably  visit  the  library 
as  much  as  any  man  in  the  city ;  of  course,  I  cannot  give  you 
instances  where  I  have  seen  this  man  or  that  man  assisted,  but  I 
have  seen  Mr.  Wallis,  time  and  again,  asked  by  lawyers  where  cases 
were,  and  he  knew  where  they  were,  and  he  got  them  for  them;  I 
have  seen  him,  time  and  agaiUj  hunting  up  cases  for  lawyers  for 
briefs;  I  do  not  know  what  the  subject-matters  were,  bat  I  knew 
from  what  I  could  gain,  that  he  was  hunting  up  law  questions ;  if  he 
is  able  to  do  that,  he  knows  something  about  the  Law  Library. 


128 

Q.  Now,  you  said  he  knew  where  the  books  were  in  the  library, 
and  what  they  contained?     A.  Yes. 

Q.  Do  you  mean  that  he  knew  what  they  contained  ?  A.  My  idea, 
Mr.  Holl,  of  a  Librarian  is  not 

Q.  Do  you  mean  that  Mr.  Wallis  knows  what  the  books  in  the 
library  contain?     A.  As  a  Librarian. 

Q.  What  do  you  mean  by  that?  A.  I  was  going  to  tell  you,  and 
you  stopped  me. 

Q.  Tell  it  now?  A.  A  Librarian  to  read  all  the  books  i;i  the  library 
is  a  lost  man ;  he  wants  to  know  this,  in  my  opinion  :  he  wants  to 
know  the  title  pages  of  the  books,  and  the  subject-matter  generally 
on  which  they  treat;  he  does  not  want  to  read  what  is  in  the  books  ; 
he  would  not  have  the  time  to  do  that;  that  is  what  I  meant  when  I 
said  that  lie  knew  what  they  contained. 

Q.  What  the  title  pages  contained?    A.  Yes. 

Q.  When  you  said  that  he  knew  what  the  books  contained  you 
mean  by  that  that  he  knew  what  the  title  pages  contained?  A.  No; 
I  mean  more  than  that.  The  title  page  would  not  give  him  all  of  the 
information — he  would  know  what  the  books  treated  upon. 

Q.  You  say  that  you  cannot  give  us  any  instance,  that  you  now 
remember,  where  he  displayed  any  of  that  sort  of  knowledge  ?  A. 
Well,  I  cannot  give  you  any  instances. 

Q.  You  are  yourself  considerable  of  a  literary  man.  Was  he  ever 
able  to  furnish  you  any  information?  A.  I  do  not  pretend  to  be  a 
literary  man.  I  have  studied  two  or  three  subjects,  and  I  have  had 
occasion  to  be  in  the  library.  I  have  always  asked  Mr.  Wallis  where 
I  could  find  books  on  a  particular  subject  that  I  was  interested  in. 

Q.  Then  he  was  able  to  tell  you  where  books  on  that  subject  could 
be  found?    A.  Yes. 

Q.  Is  all  your  knowledge  as  to  his  qualifications  limited  to  that? 
When  you  asked  him  for  any  books  he  could  tell  you  where  they 
were — is  it  not  pretty  much  limited  to  that?  A.  No;  I  would  not 
confine  my  testimony  to  that,  that  that  is  all  he  knows. 

Q.  Beyond  that  what  service  has  he  rendered  to  you  that  you  can 
tell  us  of  that  shows  he  has  an  intelligent  understanding  of  the  cur- 
rent topics  of  literature,  art,  and  science?  A.  I  have  never  asked 
much  assistance,  although  I  have  been  in  the  library  a  great  deal.  I 
think  I  am  an  observing  man,  and  I  have  a  hobby  about  public  offi- 
cers being  obliging  and  being  industrious,  and  being  attentive  to 
their  duties,  and  I  have  always  observed,  and  I  think  it  is  the  com- 
mon judgment  of  everybody  around  the  Capitol,  that  Mr.  Wallis  is 
extremely  obliging  and  attentive  to  his  duties. 


Testimo.vy  of  a.  E.  Shattuck. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — You  are  at  preseiit   Deputy  Secretary  of  State? 
Answer — Yes. 
Q.  Your  office  is  in  the  State  Capitol  building?    A.  Yes. 


129 

Co7npetenry  and  Deportment  of  Librarian. 

Q.  Do  you  know  T.  H.  Wallis,  the  State  Librarian  ?     A.  Yes. 

Q.  Have  you  bad  occasion,  during  your  term  of  office,  to  visit  tbe 
State  Library?     A.  Yes;  a  jzood  many  times. 

Q.  Have  you  seen  Mr.  Wallis  tbere?     A.  I  bave  ;  yes. 

Q.  State  to  tbe  Board  as  to  Mr.  Wallis'  demeanor  and  deportment 
towards  you  and  towards  otber  people,  as  it  came  under  your  obser- 
vation, as  to  wbetber  it  was  courteous,  polite,  atfable,  and  gentle- 
maitly?  A.  He  bas  been  extremely  obliging  to  me.  1  never  bad 
any  dealings  tbere  witli  any  one  else  but  bim.  It  bas  just  bappened 
tbat  I  never  applied  to  anybody  but  bim.  He  bas  rendered  me  a  good 
deal  of  assistance  several  times,  but  particularly  in  some  correspond- 
ence tbat  I  bad.  I  got  rid  of  some  very  ugly  foreign  correspondence 
tbrougb  bim,  and  I  turned  over  to  bim  all  of  tbe  correspondence  for 
tbe  State  Library.     I  did  not  do  any  of  it;  he  did  it  all. 

Q.  If  it  came  under  your  observation,  state  anytbing  tbat  mani- 
fested on  bis  part  a  knowledge  of  the  library  and  of  its  books?  A. 
I  do  not  know  that  ever  I  went  in  tbere  but  once  to  examine  any 
special  subject — some  scientific  subject  tbat  I  was  interested  in  one 
day — and  1  asked  bim  where  I  could  find  the  books,  and  he  told  me 
on  the  third  floor  in  a  certain  alcove.  That  is  the  only  instance  tbat 
I  recollect. 

Q.  Did  you  ever  bave  occasion  to  examine  any  religious  books? 
A.  Not  in  the  library.  I  believe  I  did;  I  asked  bim  if  he  had  any 
"curios"  tbere,  and  he  showed  me,  I  think,  a  Bible.  It  was  a  very 
old  one,  I  think.     It  may  have  been  some  other  work. 

Cros^-exaniination. 

Mr.  HoLL — What  was  this  correspondence  that  you  refer  to?  A.  I 
received  some  letters  from  some  of  the  authorities  in  Australia  rela- 
tive to  some  exchanges,  and  the  question  arose  if  tbere  was  a  way  of 
evading  the  duties.  Matter  directed  to  public  libraries  in  exchange, 
I  understood,  came  through  some  course  in  San  Francisco  by  which 
tbe  duties  could  be  evaded,  and  not  knowing  bow  to  do  it  I  went  to 
Mr.  Wallis  about  the  matter,  and  he  took  charge  of  tbe  correspond- 
ence, and  conducted  it  to  a  successful  issue,  I  think. 

Q.  Did  you  see  any  of  the  correspondence  ?  A.  We  got  notice  first 
that  the  books  were  tbere,  and  that  there  was  some  form  tbat  bad  to 
be  gone  through  with,  and  I  went  to  see  Mr.  Wallis  and  I  asked  him 
for  the  information,  and  he  told  me  that  he  would  attend  to  it  him- 
self, and  he  did  so,  I  suppose,  because  the  books  came. 

Q.  Do  you  know  whether  he  conducted  tbe  correspondence  or 
wbetber  his  deputy  attended  to  it,  Mr.  Gunn?  A.  I  do  not  know ; 
he  said  he  would  do  it. 

Q.  Do  you  know  wbetber  Mr.  Gunn  did  it?     A.  No. 

Q.  Did  you  ever  see  any  correspondence  in  his  handwriting?  A. 
No;  I  do  not  believe  I  did.     I  bave  also  had  some  correspondence 

17 


180 

with  some  Eastern  State  library,  and  Mr.  Wallis  conducted  that.     I 
think  I  saw  him  write  a  note  in  my  presence  about  that. 
Q.  That  is  the  only  thing  you  ever  saw?     A.  Yes. 


Testimony  of  J.  J.  Tobin. 

Called  and  sworn  on  behalf  of  the  defense.  , 

Mr.  Johnson — Your  name  is  J.  J.  Tobin?    Answer — Yes. 

Q.  You  are  at  present  Deputy  Adjutant-General?    A.  Yes. 

Q.  You  were  a  member  of  the  Legislature?    A.  Yes. 

Q.  During  the  time  you  we're  a  member  of  the  Legislature  you  was 
the  Chairman  of  the  Committee  on  State  Library  in  the  Assembly? 
A.  Yes. 

Q.  And  as  such  was  brought  in  connection  with  the  Librarian  and 
his  deputies?     A.  Yes. 

Q.  And  was  called  upon  to  examine  the  library?     A.  Yes. 

Q.  Since  your  residence  in  this  city  have  you  had  business  in  the 
State  Library?     A.  Frequently. 

Competency  and  Deportment'  of  Librarian. 

Q.  Do  you  know  Mr.  T.  H.  Wallis?    A.  Very  well. 

Q.  You  knew  him  at  the  time  you  were  on  the  Library  Committee? 
A.  Yes. 

Q,.  You  have  seen  him  in  the  library,  and  have  had  business  with 
him  in  the  library?     A.  Very  often. 

Q.  State  to  the  Board  as  to  the  demeanor,  deportment,  and  man- 
ner of  Mr.  Wallis  towards  yourself  and  towards  other  people,  when 
it  came  under  your  observation,  whether  it  was  affable,  polite,  gentle- 
manly, or  the  opposite?  A.  It  was  decidedly  so.  I  always  found 
him  courteous,  affable,  and  ready  to  accommodate  when  I  wanted 
any  accommodations. 

Q.  State  if  you  can  as  to  the  knowledge  that  has  been  manifested 
on  his  part  of  the  books  of  the  library  and  their  classifications?  A. 
Well,  I  had  occasion  to  ask  him  on  two  or  three  occasions  with  regard 
to  some  works — some  historical  works,  and  I  found  that  he  was 
thoroughly  acquainted  with  the  books  in  the  library. 

Cross-examination. 

Q.  Would  you  ask  him  for  books,  naming  the  titles  of  the  volumes 
or  the  books  and  the  authors?     A.  Yes;  sometimes. 

Q.  You  knew  what  works  you  wanted  yourself?     A.  Yes. 

Q.  You  knew  the  title  of  them  ?     A.  Yes. 

Q.  You  asked  him  whether  he  had  those  works?     A.  Yes. 

Q.  And  he  would  get  them.  He  was  able  to  do  that  without  diffi- 
culty?    A.  Yes. 

Q.  That  is  the  extent  of  your  knowledge  on  the  subject  as  to  his 


131 

competency  as  a  Librarian.  Is  it,  or  is  it  not?  A.  Well,  I  would 
not  say  that. 

Q.  What  further  have  you  to  say?  A.  Frequently,  in  reference  to 
the  conduct  of  the  library  itself,  its  financial  affairs,  etc.,  I  have  had 
occasion  to  examine  into  the  workings  of  it,  and  I  found  that  Mr. 
Wallis,  as  far  as  I  could  see,  kept  his  books  in  a  shape  that  they  had 
not  been  previously  kept  in,  at  least  as  far  as  my  knowledge  is  con- 
cerned as  Chairman  of  the  Cojnmittee  on  State  Library.  I  had  occa- 
sion to  visit  the  library  many  times  to  inquire  into  the  financial 
affairs  of  the  library,  and  I  took  occasion  one  day  to  ask  Mr.  Wallis 
what  books  he  kept  and  how  he  conducted  it,  and  he  showed  me 
some  two  or  three  books  that  he  had  there  and  they  appeared  to  me 
to  be  very  well  and  carefully  written  up.  Of  course  I  did  not 
attempt  anything  like  a  critical  examination— just  a  mere  casual 
looking  at  the  books. 

Q.  You  know  whether  those  books  were  kept  in  Mr.  Wallis'  hand- 
writing or  in  that  of  his  deputy,-  Mr.  Gunn?  A.  As  far  as  I  could 
judge  they  were  kept  in  Mr.  Wallis'  handwriting. 

Q.  Do  you  know?     A.  I  cannot  say. 

Q.  You  do  not  know  ?  A.  I  do  not  know  Mr.  Gunn's  handwriting. 
I  could  scarcely  swear  to  Mr.  Wallis'  writing.  I  have  seen  it  fre- 
quently^, but  I  could  not  saj'  it  was  his  writing. 

Reports  of  Legislative  Committees. 

Mr.  JoHNSOx — We  now  offer  in  evidence  the  report  of  the  Com- 
mittee on  State  Library  of  the  Senate  of  the  State  of  California, 
presented  to  the  Senate  on  March  13^  1883,  and  signed  by  the  Chair- 
man. It  appears  in  the  proceedings  of  the  Senate  of  that  day.  It  is 
as  follows : 

"  Sacramento,  March  13,  1883. 

"  Mr.  President:  Your  Committee  on  State  Library  beg  leave  to 
report  that  they  have  examined  into  the  affairs  of  the  State  Library, 
and  find  everything  in  proper  condition.  The  books  are  well 
arranged  for  convenience,  and  evidently  good  care  is  taken  of  them. 
Considerable  additions  have  been  annually  made,  and  we  are  pleased 
to  note  that  they  are  mostly  of  the  class  known  as  standard  works, 
and  such  as  will  be  of  permanent  value.  The  system  of  keeping 
accounts,  adopted  by  the  present  Librarian,  is  convenient  and  accu- 
rate. 

"We  find  that  the  Librarian,  from  April  6, 1882,  to  March  13,  1883, 
has  drawn,  by  warraiit  and  otherwise,  the  sum  of  $4,144  69.  We 
also  find,  that  for  the  same  period  of  time,  he  has  expended  §14,018  83, 
as  per  vouchers  in  his  hands;  leaving  a  cash  balance  on  hand  of 
$125  86. 

"There  are  in  the  library,  as  a[)pears  by  the  register  of  books  kept 
by  the  Librarian.  55,118  volumes.  The  law  department  has  received 
very  material  additions,  and  now  contains  all  the  late  publications 
of  value. 


132 

"So  far  as  we  are  able  to  learn,  the  management  gives  general  sat- 
isfaction.    The  employes  are  courteous  and  accommodating. 

"C.  H.  MADDOX,  Chairman." 

Mr.  HoLL — I  object  to  its  introduction.  It  is  a  report  made  by  a 
committee  of  the  Legislature,  and  of  all  the  unreliable  things  in  the 
world,  the  report  of  a  legislative  committee  is  the  most  unreliable. 
It  is  not  competent  evidence,  and  is  not  admissible  in  this  case,  as 
proving  any  of  the  specific  matters  alleged  or  disproving  them. 

Mr.  Edgerton — The  ruling  will  be  reserved. 

Mr.  Johnson — We  offer  in  evidence  also,  the  report  of  the  Assem- 
bly Committee  on  State  Library,  presented  to  the  Assembly,  on 
Tuesday,  February  27,  1888,  and  found  in  the  proceedings  of  that 
date,  as  follows : 

"  Assembly  Chamber,  Sacramento,  February  — ,  1883. 

"Mr.  Speaker:  Your  Committee  on  State  Library  beg  leave  to 
report  that  they  have  examined  into  the  affairs  of  the  State  Library, 
and  found  everything  in  proper  condition.  The  books  are  well  kept, 
and  neatly  and  conveniently  arranged.  The  increase  in  number  of 
volumes  by  additions  to  the  various  departments  has  been  verj^  con- 
siderable, and  we  take  pleasure  in  observing  that  the  purchases 
made  are  of  works  of  intrinsic  merit  and  permanent  value,  and 
adapted  to  the  purpose  of  making  this  chiefly  a  reference  and  scien- 
tific librar3^  We  find  the  books,  both  of  record,  of  purchases,  and 
donations,  and  of  finances,  properly  kept,  and  the  proper  vouchers 
for  all  the  money  paid  out,  and  the  bills  properly  audited  by  the 
President  of  the  Board  of  Trustees.  The  system  of  keeping  accounts 
adopted  by  the  present  Librarian  is  neat,  terse,  and  accurate,  and  is 
much  to  be  preferred  to  the  former  method.  The  employes  of  the 
library  and  the  management  of  it  give  general  satisfaction. 

"  BRICELAND,  Chairman." 

Same  objection,  and  ruling  reserved. 

Mr.  Johnson — (To  Mr.  Tobin) — Is  this  the  book  you  referred  to  in 
your  former  testimony?    A.  Yes;  that  is  the  book. 


Testimony  of  Frank  Mahon. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  P'rank  Mahon?    Answer — Yes. 

Q.  You  reside  in  Sacramento  City?     A.  Yes. 

Q.  Do  you  know  T.  H.  Wallis,  the  State  Librarian?     A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  Have  you  had  business  relations  with  him  in  the  library,  and 


133 

have  you  been  in  the  library  during  the  time  you  have  lived  in  the 
city?     A.  Well,  occasionally  I  have. 

Q.  Your  office  is  that  of  Dejiuty  State  Printed?  A.  There  is  no 
such  an  office  as  that.     I  am  bookkeeper  of  the  State  Printing  Office. 

Q.  You  know  Mr.  Wallis?     A.  Yes. 

Q.  State  to  the  Board  as  to  Mr.  Wallis'  demeanor  and  deportment 
and  treatment  of  yourself  and  of  other  people  as  it  came  under  your 
observation — whether  it  was  polite,  gentlemanly,  affable,  courteous, 
or  the  opposite?  A.  Well,  I  have  been  in  the  library  many  times; 
I  have  occasionally  come  into  the  library  and  asked  questions  of  Mr. 
Wallis.  Sometimes  parties  have  sent  to  us  for  copies  of  reports,  and 
I  have,  I  think,  on  two  occasions  had  occasion  to  call  on  Mr.  Wallis 
for  the  reports,  not  being  able  to  find  them  in  the  office  of  the  State 
Printer,  and  on  both  occasions,  when  I  have  requested  Mr.  Wallis  to 
furnish  me  copies  of  reports,  he  has  done  it  willingly,  and  at  all 
times  he  was  very  cheerful,  very  gracious,  and  very  courteous.  He 
has  also  been  so  when  I  have  visited  the  library  on  other  occasions. 
I  do  not  know  that  I  have  ever  met  with  a  more  agreeable  man  in 
office  than  Mr.  Wallis. 

Cross-examination. 

Mr.  HoLL — Twice  you  had  occasion  to  go  there  on  official  business 
to  get  some  reports?     A.  Yes. 

Q.  And  was  treated  respectfully  by  Mr.  Wallis?     A.  Yes. 

Q.  In  a  gentlemanly  manner?    A.  Yes. 

Q.  And  that  was  his  course  when  you  went  there  on  other  occa- 
sions?    A.  Yes. 

Q.  You  were  treated  gentlemanly  and  respectfully  by  the  Libra- 
rian?   A.  Yes. 

Q.  That  is  about  the  extent  of  your  knowledge  of  Mr.  Wallis?  A. 
I  spoke  of  these  two  occasions,  because  I  went  there  then  to  get  some 
reports. 

Q.  You  have  not  been  there  a  great  many  times?  A.  I  have  been 
there  occasionally ;  I  have  not  borrowed  a  great  many  books  from 
the  library. 


Testimony  of  Grove  L.  Johnson. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Ball — You  reside  in  this  city?    Answer — I  do. 

Q.  You  are  an  attorney  at  law  ?     A.  I  am. 

Competency  and  Deportment  of  Librarian. 

Q.  In  the  course  of  your  business,  have  you  had  occasion  to  visit 
the  State  Library  frequently,  or  otherwise?  A.  I  have  had  occasion 
to  visit  the  library  sometimes  in  the  course  of  my  business;  I  do  not 
know  as  I  can  say  it  has  been  frequently;  yes,  I  can. 

Q.  How  long  have  you  known  Talbot  H.  Wallis  as  Librarian  and 
deputy?    A.  1  think  ever  since  he  was  first  employed. 


134 

Q.  What  has  been  his  general  deportment  towards  you  and  others, 
as  you  have  observed  it?  A.  Always  courteous,  pleasant,  affable,  and 
polite. 

Q.  Has  he  evinced  a  knowledge  of  the  books,  9,nd  where  they  are 
kept,  in  and  about  the  library?     A.  He  has. 

Q.  To  what  extent?  A.  I  recall  one  instance  in  particular,  where 
I  had  a  suit  against  a  life  insurance  company,  and  where  the  ques- 
tion of  suicide  was  the  prominent  defense — as  to  whether  it  was  sui- 
cide by  prussic  acid  or  not.  I  came  to  the  library,  and  not  knowing 
what  I  wanted  to  find,  or  where  to  go,  I  stated  the  case  to  Mr.  Wallis, 
and  he  said  he  had  some  books  treating  on  that  subject.  He  went  up 
with  me  into  tiie  alcove  of  the  library,  and  showed  me  where  the 
books  were  that  treated  on  that  subject,  and  told  me  the  names  of 
some  of  the  authors,  and  I  examined  them  and  found  that  they  did 
treat  on  that  subject,  and  I  was  enabled  thereby  to  post  mj^self 

Q.  Can  you  call  to  mind  any  other  instances  ?  A.  There  have  been 
some  instances  in  reference  to  some  literary  matters  that  I  have  been 
engaged  in.  I  have  asked  Mr.  Wallis  for  assistance  and  for  reference, 
and  he  has  been  able  to  give  it  to  me  without  trouble.  I  do  not  speak 
of  the  law  department,  because  that  has  been  spoken  of  so  much. 

Mr.  HoLL — Did  I  understand  you  to  say  that  you  were  a  lawyer? 
A.  No,  you  did  not. 

Q.  I  understood  that  Colonel  Ball  asked  you  whether  you  were  a 
lawyer,  practicing  law  in  Sacramento?  A.  No;  he  asked  me  if  I  was 
an  attorney,  and  I  answered  that  I  was. 


Testimony  of  C.  E.  Gunn — Recalled  for  the  defense. 
Competency  of  Librarian. 

Mr.  Ball — Mr.  Gunn,  please  examine  this  book;  what  is  this 
book?  A.  This  is  a  cash  book  and  general  account  book  of  the 
State  Library. 

Q.  By  whom  is  it  kept?     A.  By  Mr.  Wallis. 

Q.  Who  devised  the  system  of  keeping  the  book  in  this  manner? 
A.  Mr.  Wallis. 

Q.  Is  it  kept  in  the  same  system  that  it  was  prior  to  Mr.  Wallis 
taking  charge  of  the  State  Library?     A.  No. 

Q.  Mr.  Wallis,  you  say,  keeps  the  book?    A.  Yes. 

Mr.  Ball — We  offer  this  book  in  evidence. 

Q.  Are  there  any  other  books  kept?    A.  Yes. 

Q.  Than  this?    A.  Yes. 

Q.  Is  there  a  book  called  the  "Register"  kept?     A.  Yes. 

Q.  By  whom?     A.  By  Mr.  Wallis. 

Q.  Look  at  this  book,  and  see  if  it  is  the  "Register"  to  which  you 
referred?  A.  That  is  the  "Register"  in  which  is  kept  a  record  of 
the  books  purchased  or  otherwise  received. 

Q.  It  is  denominated  "Register  of  Books,  State  Library."  Is  this 
book  marked    "Cash  Book" — the  book  that  was  kept  prior  to  Mr. 


135 

Wallis  devising  the  cash  book  system,  now  in  use  in  the  library?  A. 
Now  in  use? 

Q.  Yes;  is  this  tlie  book  that  was  kept  prior  to  Mr.  Wallis  devising 
the  system  in  which  the  cash  account  is  now  kept?  A.  That  is  the 
book  in  which  I  understood 

Mr.  HoLL — I  object,  unless  he  knows  that  the  book  was  kept. 

Mr.  Ball — Was  it  in  the  office?  A.  I  understand  it  was.  I  never 
saw  anybody  write  in  it,  but  I  was  told  so. 

Q.  You  found  -it  here  on  the  files,  purporting  to  be  the  cash  book 
that  had  been  kept?     A.  Yes. 

Q.  When  you  came  into  the  office?    A.  Yes. 

Mr.  Ball — We  offer  that,  also,  in  evidence. 

Mr.  Edgerton — The  ruling  will  be  reserved. 

Cross-examination — Opening  and  Detention  of  Letters. 

Mr.  HoLL — Mr.  Gunn,  in  April  of  last  year,  there  was  some  diffi- 
culty about  a  letter,  that  it  was  claimed  by  Miss  Patton  was  not 
delivered  until  after  it  was  in  the  library  for  a  day?  A.  In  April  of 
last  year? 

Q.  Last  April?     A.  I  do  not  remember  any  difficulty  about  it. 

Q.  You  remember  the  fact  of  such  a  letter  having  been  received 
here,  and  tliat  there  was  something  said  about  its  having  been 
retained  by  Mr.  Wallis?  A.  I  remember  of  Miss  Patton  speaking  to 
me  about  it — something  about  it. 

Q.  What  I  want  to  call  your  attention  to  is  this:  Did  you  hear  a 
conversation,  in  reference  to  that  letter,  in  the  private  office  of  Mr. 
Wallis,  between  Mr.  Freeman — Frank  Freeman — and  Miss  Patton? 
Were  you  in  the  room  at  the  time  that  they  had  a  conversation  about 
that  letter?  A.  I  do  not  think  I  was.  I  do  not  recollect  any  such 
conversation. 

Q.  Reflect  a  moment,  and  see  if  you  do  not  remember  it.  If  you 
do  remember  it  I  wish  you  would  state  what  you  heard  of  it?  A.  I 
may  be  confused  as  to  the  date. 

Q.  I  want  to  call  your  attention  to  it?  A.  I  do  not  want  to  say 
"  No,"  but  I  do  not  recollect  a  conversation  at  that  date. 

Q.  Let  me  call  your  attention  to  the  circumstances  to  refresh  your 
memory.  It  is  in  reference  to  a  letter  delivered  by  the  messenger  of 
Wells,  Fargo  &  Co.,  and  it  is  claimed  that  it  was  delivered  one  morn- 
ing, and  that  it  was  detained  by  somebody  in  the  library,  and  was 
not  delivered  to  Miss  Patton  until  the  following  morning,  when  she 
found  the  letter  laying  upon  her  table.  It  is  that  circumstance  to 
which  I  wish  to  call  your  attention?  A.  I  do  not  recollect  an}'  con- 
versation between  Miss  Patton  and  Mr.  Freeman. 

Adjournment  to  San  Francisco. 

.Mr.  HiNKSON  asked,  that  when  the  Board  adjourns  it  will  be  to 
meet  at  San  Francisco,  to  take  some  additional  testimony.  He  said 
he  would  ask  for  that  course  to  be  pursued  unless  the  prosecution 
would  admit  certain  letters  in  evidence  from  gentlemen  residing  in 


136 

San  Francisco.  Judge  Holl  declined  to  admit  the  letters  in  evidence, 
and  Mr.  Edgerton  stated  that  the  order  to  meet  at  San  Francisco 
when  the  Board  closed  its  session  here  would  be  made  at  the  proper 
time. 


evening  session. 

Testimony  of  R.  T.  Devlin. 

Called  and  sworn  on  behalf  of  the  defense. 
Mr.  Johnson — Your  name  is  R.  T.  Devlin?    Answer — Yes. 
Q.  You  reside  in  Sacramento  City?     A.  Yes. 
Q.  You  are  an  attorney  at  law?    A.  Yes. 

Q.  And  have  been  practicing  law  here  for  a  number  of  years  ?  A. 
Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  Have  you  had  frequent  occasion  to  visit  the  State  Library 
during  the  past  few  vears?     A.  Yes. 

Q.  Do  you  know  t.  H.  Wallis?     A.  I  do. 

Q.  Have  you  had  business  relations  with  him  in  the  State  Library? 
A.  Well,  so  far  as  his  duties  as  Librarian  are  concerned. 

Q.  State  to  the  Board  as  to  his  manner,  his  deportment,  and  his 
treatment  of  you  and  of  other  persons  as  it  came  under  your  obser- 
vation, as  to  whether  it  was  courteous,  polite,  affable,  gentlemanlj'', 
or  the  opposite? 

Mr.  Holl — I  object,  on  the  ground  that  there  is  no  complaint  made 
against  Mr.  Wallis  of  treating  this  gentleman  discourteously. 

The  Board  overruled  the  objection. 

A.  Well,  I  have  had  occasion  a  number  of  times  to  visit  the  Law 
Library;  most  of  my  researches  have  been  made  in  that  department 
of  the  library.  I  found  Mr.  Wallis  there  a  number  of  times,  and 
have  had  occasion  to  make  inquiries  of  him  concerning  books  and 
other  matters,  and  he  has  always  given  me  all  the  information  I 
desired,  and  he  has  treated  me  courteously  and  he  has  treated  others 
in  the  same  way.     I  have  noticed  nothing  to  the  contrary. 

Q.  State  if  he  manifested  any  knowledge  of  the  books  in  that 
department  of  the  library?  A.  I  think  he  did,  so  far  as  the  Law 
Library  was  concerned.  Of  course  my  testimony  is  confined  to  that. 
He  seemed  to  possess  a  great  knowledge  of  the  books  in  that  depart- 
ment and  of  their  value  as  authority. 

Cross-examination. 

Mr.  Holl — He  afforded  you  all  the  information  in  his  power;  how 
much  was  that?  A.  Well,  if  I  asked  him  if  there  were  other  text- 
books on  a  certain  subject  than  the  ones  that  I  was  acquainted  with, 
he  answered  the  question  if  he  was  able. 

Q.  And  if  he  was  not,  then  what  did  he  do  ?     A.  Then  he  gener- 


137 

ally  referred  to  a  reference  manual  there,  without  causing  me  to  do 
it,  and  looked  over  it  himself,  and  frequently  brought  hooks  to  me. 

Q.  Now,  Mr.  Devlin,  what  you  mean  to  say  is,  that  Mr.  Wallis,  to 
the  extent  of  his  ahility,  was  obliging  to  you  ?     A.  Yes. 

Q,.  You  would  expect  to  meet  that  same  obliging  spirit  in  State 
officers  and  other  officers  generally?  A.  I  certainly  would  expect 
it;  yes. 

Q.  Was  there  anything  peculiar  about  Mr.  Wallis  that  took  him 
out  of  the  general  category'  of  public  officers  as  to  the  deportment 
which  he  manifested  towards  people  who  visited  the  library  on  busi- 
ness? A.  Mr.  Wallis  and  myself  were  acquainted  before  we  were 
admitted  to  the  bar,  and  I  was  very  intimate  with  him. 

Q.  Do  you  think  he  was  more  di-sposed  to  favor  you?  A.  No. 
You  ask  me  if  I  would  expect  any  more  from  him  than  what  I  would 
expect  from  a  State  officer.  I  say  I  would  not.  If  I  had  anj'  busi- 
ness with  a  State  officer  with  whom  1  was  not  personally  acquainted, 
I  would  simply  expect  to  transact  my  business  and  go  away,  but  we 
conversed  on  other  matters. 

Q.  In  what  way  did  he  furnish  you  information  when  you  went 
into  the  Law  Library,  and  how  was  he  able  to  furnish  you  informa- 
tion ?  A.  Well,  in  the  way  that  I  have  specified.  Of  course  I  could 
have  obtained  that  information,  if  I  had  desired  it,  myself,  by 
searching  the  books.  I  might  ask,  for  instance,  if  there  was  a  text- 
book on  some  particular  subdivision  of  the  law  that  I  desired  to 
investigate — some  particular  subject — and  instead  of  looking  at  the 
general  text-book,  I  might  ask  if  there  were  any  particular  text- 
books on  that  subject,  or  I  might  ask  Jiim  if  there  was  such  a 
book  on  that  subject,  and  if  a  case  was  interesting,  I  might  state  the 
case  to  him  in  a  general  way,  and  he  has  frequently  given  me  some 
information  or  some  ideas  that  have  been  of  advantage  to  me. 

Q.  When  you  made  any  inquiry  as  to  the  latest  text-books  upon 
any  given  subject  or  branch  of  the  law,  you  found  that  he  knew 
wdiether  he  had  such  a  book  in  his  library?     A.  Yes. 

Q.  If  he  had  it,  he  was  kind  enough  to  furnish  it  to  you?    A.  Yes. 

Q.  With  alacrity  ?  A.  Yes,  certainly.  Then  another  matter  has 
come  to  my  mind  since  you  have  called  my  attention  to  it,  with 
reference  to  abbreviations:  in  some  of  the  old  English  reports  law- 
yers do  not  pretend  to  know  what  the  abbreviations  mean  that  are 
used;  sometimes  I  have  asked  him  for  an  explanation  in  looking  for 
^n  authority  in  some  of  those  reports. 

Q.  You  found  that  he  knew  it,  sometimes?  A.  Yes,  sometimes  he 
did,  and  sometimes  he  did  not.  of  course. 

Q.  Do  you  know  the  fact  that  he  had  been  in  that  position  in  the 
library  there  as  assistant  for  about  twelve  years?  A.  Yes,  for  a 
number  of  years. 

Q.  That  experience  there  would  naturally  give  him  more  informa- 
tion on  a  few  given  points  than  what  you  had?     A.  Yes. 

Q.  And  he  was  willing  to  give  you  the  benefit  of  that  information  ? 
A.  Yes. 

Q.  That  is  about  the  extent  of  your  knowledge  of  Mr.  Wallis' 

18 


138 

capacity?  A.  As  to  his  capacity  as  to  giving  information  that  is 
about  the  extent  of  it,  I  presume. 

Q.  The  only  information  that  you  received  from  him  that  you  did 
not  possess,  was  simply  that  he  knew  some  few  abbreviations  that  you 
did  not  know?     A.  Yes,  and  with  reference  to  books. 

Q.  With  reference  to  books  he  simply  could  inform  you  whether 
he  had  certain  books  or  certain  editions?  A.  Mr.  Wallis  often 
expressed  an  opinion  to  me.  T  do  not  know  whether  I  paid  much 
attention  to  it,  but  he  expressed  an  opinion  as  to  whether  one  book 
was  more  full  than  others,  or  whether  it  was  better  authority. 

Q.  Were  you  controlled  in  your  investigations  by  his  opinion  as 
to  the  value  of  authorities?  A.  No,  I  do  not  suppose  any  one  would 
be. 


Testimony  of  W.  H.  Beatty. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  W.  H.  Beatty?    Answer — Yes. 

Q.  You  reside  in  Sacramento  City?     A.  I  do. 

Q.  You  are  an  attorney  at  law?     A.  Yes;  lam. 

Q.  You  have  had  occasion  to  use  and  visit  the  State  Library  during 
your  residence  in  this  city  ?  A.  Quite  frequently  within  the  last  two 
years. 

Q.  Did  you  ever  hold  any  official  position  in  connection  with  the 
State  Library  of  the  State  of  Nevada  when  you  were  residing  there? 
A.  I  was  ex  officio  one  of*  the  Trustees  of  the  library  for  four  years. 

Q.  By  virtue  of  your  office  as  Chief  Justice  of  the  Supreme  Court? 
A.  As  one  of  the  Justices  of  the  Supreme  Court. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Talbot  H.  Wallis,  the  State  Librarian  ?  A.  I  have 
known  Mr.  Wallis  by  sight  something  like  two  years,  and  I  have 
known  him  personally  something  over  a  year,  perhaps  a  year  and  a 
half. 

Q.  In  your  visits  to  the  State  Library,  which  you  sa.y  have  been 
frequent,  if  you  were  brought  into  intercourse  and  in  business  con- 
nection with  the  Librarian,  state  as  to  his  manner  and  deportment 
and  treatment  of  you,  and  his  treatment  of  other  persons  as  it  came 
under  your  knowledge,  whether  it  was  courteous,  polite,  and  gentle- 
manly? A.  I  found  Mr.  Wallis  almost  invariably  exceedingly 
accommodating  and  obliging  as  Librarian.  He  has  gone  out  of  his 
way  and  has  done  much  more  than  his  duty  would  call  upon  him  to 
do  for  me,  and  that  without  any  obligation  to  do  so.  I  have  not  held 
any  position  that  he  should  court  my  influence  particularly.  I  have 
not  noticed  his  treatment  of  others,  but  his  treatment  of  me  has  been 
exceedingly  obliging. 

Q.  State  wiiether  he  manifested  any  knowledge  of  the  books  in  the 
library?  A.  As  to  that  I  do  not  know  particularly;  when  I  have  myself 
not  been  able  to  find  any  book,  Mr.  Wallis  has  always  got  it  for 


339 

me  ;  I  remember  one  instance  of  some  Louisiana  authorities  in  which 
citations  were  made  from  writers  on  the  French  hiw,  annotators  of 
the  French  Code — the  Civil  Code.  Tiiey  were  cited  very  extensively, 
and  I  wished  to  find  out  their  standing  as  authority.  Mr.  Wallis 
assisted  me  in  looking  through  some  bibliography  of  French  writers, 
and  of  their  several  works  on  that  subject,  and  an  account  of  those 
writers,  and  between  us  we  exhausted  the  subject;  he  was  of  very 
great  assistance  to  me.  That  was  one  of  the  instances  in  which  I 
thought  he  went  far  beyond  his  duty  as  Librarian  in  rendering  me 
assistance. 

Oi'oss-examination. 

Mr.  HoLL — The  benefit  you  received  from  Mr.  Wallis  at  that  time 
did  not  consist  of  any  superior  knowledge  that  he  had  on  the  subject, 
or  was  it  in  his  readiness  to  assist  you  in  looking  up  such  knowledge 
as  could  be  found  in  the  books  in  the  library?  A.  Well,  Mr.  Wallis 
did  not  seem  to  be  a  walking  bibliograplier  himself,  but  he  seemed 
to  know  how  to  go  to  work  on  that  subject. 

Q.  Whether  the  benefit  you  received  from  Mr.  Wallis  was  in 
consequence  of  any  superior  knowledge  that  he  possessed  in  refer- 
ence to  these  matters,  or  whether  it  was  because  of  his  diligence  and 
willingness  to  assist  you  in  examining  such  works  as  were  supposed 
by  you  and  him  to  contain  the  information  j'ou  desired  ?  A.  I  do 
not  know  what  you  call  superior  knowledge ;  he  knew  more  about  it 
than  I  did. 

Q.  Li  what  respect  did  he  know  any  more  about  it  than  you  did? 
A.  He  knew  that  there  were  in  the  library  those  books  that  I  speak 
of,  those  bibliographies,  descriptive  catalogues  of  French  writers  on 
the  Civil  Code,  and  he  found  them  for  me,  and  froui  them  we 
obtained  reference  to  other  books,  and  traced  the  subject  up  fully. 

Q.  Did  that  amount  to  anything  more  on  his  part  than  simply 
a  knowledge  that  books  of  that  character  were  contained  in  the 
library?  A.  It  amounted  to  this:  that  he  knew  how  to  go  to  work 
with  the  books  in  the  library  to  find  out  about  the  subjects  we  were 
investigating.     He  knew  how  to  work  with  his  tools,  in  other  words. 

Q.  He  knew  something  about  the  tools  that  he  could  work  with  in 
the  library?     A.  Yes. 

Q.  Now,  Judge  Beatty,  you  are  a  man  that  takes  some  interest  in 
general  literature,  are  you  not?  A.  Well,  I  suppose  that  I  do — prob- 
ably more  than  the  average. 

Q.  You  are  familiar  to  some  extent  with  English  literature?  A. 
Well,  I  do  not  profess  to  be  a  man  of  any  particular  superior  attain- 
ments in  that  regard. 

Q.  You  give  some  attention  to  general  literature,  do  you  not?  A. 
Yes;  I  do. 

Q.  Did  you  ever  talk  when  you  were  in  the  library — did  you  ever 
enter  into  a  discussion  of  the  subject  of  general  literature  with  Mr. 
Wallis?  A.  I  never  did.  I  have  gone  into  the  miscellaneous  library 
for  the  purpose  of  finding  some  books  when  I  was  looking  up  a  mat- 
ter connected  with  the  late  war,  and  Mr.  Wallis  assisted  me  in  that, 


140 

and  he  found  the  books  that  I  wanted  ;  but  that  is  the  only  time  out 
of  the  Law  Library  that  I  ever  had  anything  to  do  with  him. 

Q.  The  matter  I  wish  to  call  your  attention  to  is  as  to  what  you 
can  tell  us,  if  anything,  as  to  Mv.  Wallis'  general  knowledge  of  lit- 
erature? A.  I  do  not  know  that  I  ever  have.  I  never  heard  him 
discuss  any  subject  connected  with  general  literature. 

Q.  You  have  never  talked  with  liim  about  it?  A.  No;  my  talk 
with  him  has  been  about  law  books  exclusively. 

Q.  Your  intercourse  with  him  at  tlie  library  was  investigating  mat- 
ters that  you  came  to  investigate  especially,  and  not  "to  talk  about 
topics  of  literary  interest,  and  in  such  matters  as  you  were  trying  to 
investigate  he  was  of  some  assistance?  A.  He  was  of  great  assist- 
ance to  me.  I  am  only  doing  him  simple  justice  in  saying  that  he 
went  out  of  his  way.  He  did  more  than  a  Librarian  is  called  upon 
to  do.  You  know  that  in  text-books  cases  are  frequently  wrongly 
cited,  and  they  are  frequently  miscited  in  briefs,  and  frequently,  when 
I  have  failed  to  find  a  case  at  the  place  where  it  was  cited,  he  has 
hunted  it  up  in  his  index,  and  has  found  it  in  its  proper  place. 

Q.  Then,  in  the  way  of  using  his  index,  and  in  the  way  of  being 
able  to  find  such  cases  in  the  library,  he  showed  some  skill?     A.  Yes. 

Q.  But  upon  his  general  knowledge  as  to  what  he  knew  about  gen- 
eral literature,  or  upon  any  subject  of  human  knowledge,  you  never 
talked  with  him,  and  know  nothing  about  him?     A.  No. 


Testimony  of  George  E.  Bates. 

Called  and  sworn  on  behalf  of  the  defense. 

Mt.  Johnson — Your  name  is  George  E.  Bates?    Answer — Yes. 

Q.  You  reside  in  Sacramento  City?    A.  Yes. 

Q.  You  are  an  attorney  at  law?     A.  Yes. 

Q.  You  have  been  practicing  here  for  a  number  of  years?    A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  T.  H.  Wallis,  the  State  Librarian?    A.  Yes. 

Q.  Has  your  business  led  you  quite  frequently  into  the  State 
Library,  and  brought  you  in  contact  with  Mr.  Wallis  in  the  dis- 
charge of  his  official  duties?    A.  Yes;  in  the  Law  Library. 

Q.  State  to  the  Board  now  as  to  how  you  found  Mr.  Wallis  in  his 
treatment  of  you  and  of  others  as  it  came  under  your  observation — 
as  to  whether  it  was  polite,  courteous,  affable,  and  gentlemanly,  or 
the  opposite?  A.  His  treatment  of  me  and  of  others,  so  far  as  I 
have  known  it,  has  always  been  polite  and  courteous.  He  always 
afforded  me  all  the  information  I  desired  about  matters  in  the  Law 
Library. 

Q.  State  whether  or  not  he  manifested  a  knowledge  and  an 
acquaintance  with  the  books  in  the  library,  and  their  classification 
and  arrangement?     A.  He  seemed  to  have  a  perfect  knowledge  of 


141 

the  books  in  the  Law  Library.     I  never  asked  him  about  books  in 
the  General  Library. 

Cross-examinatio7i. 

Mr.  HoLL — You  say  he  afforded  you  all  the  knowledge  you 
desired;  you  mean  that  you  simply  asked  him  the  questions  and 
lie  answered  them,  or  what  do  I  understand  by  your  saying  that  he 
afforded  you  the  knowledge?  A.  Well,  I  wanted  to  find  certain 
books  and  certain  cases  cited  in  books,  and  very  often,  as  Judge 
Beatty  has  said,  they  are  wrongly  cited  in  the  text-books,  and  very 
often  abbreviations  are  used,  and  I  did  not  know  what  they  meant. 
Of  course  I  could  have  fbund  them  in  the  proper  books,  but  he  had 
it  all  in  his  head.  He  could  tell  me  what  the  abbreviations  meant, 
and  what  reports  they  were,  when  1  asked  him,  and  he  would  go 
and  find  them  for  me  and  bring  them  to  me. 

Q.  It  was  not  the  matter  of  abbreviations  that  you  came  to  the 
library  to  investigate,  was  it?  You  came  here  to  investigate  general 
subjects  of  law?    A.  Of  course,  it  was  general  subjects  of  law. 

Q.  When  you  say  he  afforded  you  information,  you  mean  that  he 
furnished  you  the  means  by  which  you  obtained  the  information  ? 
A.  Yes;  certainly.  I  did  not  go  to  the  Law  Library  to  get  his  opin- 
ion on  legal  subjects. 


Testimony  of  Henry  L.  Buckley. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  Henry  L.  Buckley?    Answer — Yes. 

Q.  You  reside  in  Sacramento  City?    A.  Yes. 

Q.  You  are  an  attorney  at  law?    A.  Yes. 

Q.  And  ex-District  Attorney  of  this  county?    A.   Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  Talbot  H.  Wallis?    A.  Quite  well. 

Q.  And  have  for  a  number  of  years?     A.  Seven  or  eight  years. 

Q.  Has  your  business  brought  you  in  contact  with  Mr.  Wallis  in 
the  discharge  of  his  official  duties  as  State  Librarian?     A.  Yes. 

Q.  You  visit  the  library  quite  frequently?     A.  1  do. 

Q.  In  both  the  law  department  and  in  the  miscellaneous  depart- 
ment?    A.  Well,  principally  in  the  law  department. 

Q.  You  have  noticed  his  conduct  in  the  miscellaneous  department 
also?     A.  His  conduct  I  have  noticed;  yes. 

Q.  State  to  the  Board  as  to  his  treatment  of  you,  and  of  other  per- 
sons, as  it  came  under  your  observation  in  the  discharge  of  his  duties 
there,  as  to  whether  he  was  polite,  courteous,  affable,  gentlemanly,  or 
the  opposite?  A.  Well,  he  has  always  acted  polite!}'  to  me,  and  I 
have  never  noticed  him  act  otherwise  to  any  one  else. 

Q.  State  if  he  manifested  any  knowledge  of  the  books,  and  of  their 
divisions  and  classifications,  in  the  library  under  his  charge?  A. 
Well,  in  visiting  the  Law  Library  for  the  purpose  of  looking  up  such 


142 

question  as  I  desired  to  look  up,  of  course  I  knew  very  little  of  the 
arrangement  of  the  books  and  of  the  abbreviations  spoken  of  by  the 
other  witnesses,  and  in  calling  on  Mr.  Wallis  I  never  noticed  him 
experience  any  difficulty  in  understanding  the  abbreviations  and 
knowing  where  the  books  were  located  in  the  library.  He  knew  just 
where  to  search  for  the  book  that  was  wanted. 

Q.  You  are  at  present  in  partnership  in  the  practice  of  law  with 
Judge  HoU  ?    A.  Yes,  we  are  partners. 

No  cross-examination. 


Testimony  of  Elwood  Bruner. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  Elwood  Bruner?     Answer — Yes. 

Q.  You  are  an  attorney  at  law?    A.  Yes. 

Q.  You  reside  in  Sacramento  City?    A.  Yes. 

A.  And  have  for  a  number  of  years?    A.  Yes. 

Competency  and  Dejwrtment  of  Librarian. 

Q.  You  know  T.  H.  Wallis,  the  State  Librarian?    A.  Yes. 

Q.  And  have  for  a  number  of  years?     A.  Yes. 

Q.  Has  your  business  and  your  official  position  as  a  member  of  the 
Legislature  led  you  into  the  State  Library  quite  frequently,  so  as  to 
have  seen  him  in  the  discharge  of  his  official  duties?     A.  Yes. 

Q.  State  to  the  Board  as  to  his  deportment  and  manner,  and  treat- 
ment of  you  and  of  other  persons,  as  it  came  under  your  observa- 
tion, whether  it  was  courteous,  polite,  affable,  gentlemanly,  or  the 
opposite?  A.  Mr.  Wallis  has  always  acted  the  perfect  gentleman  to 
me,  and,  as  far  as  I  know,  to  every  one  else.  I  have  never  seen  him 
act  otherwise. 

Q.  If  I  rec^ollect  right,  3^ou  was  a  member  or  the  Chairman  of  the 
Committee  on  State  Library  during  your  term?  A.  Yes;  I  was  not 
the  Chairman  ;  I  was  a  member  of  the  committee.  I  will  take  that 
back ;  I  was  not  on  the  committee. 

Q.  State  if  Mr.  Wallis  manifested  any  knowledge  of  the  books 
and  of  the  arrangement  and  classification  of  the  books  in  the  library? 
A.  I  will  say  that  I  never  inquired  for  any  book  but  what  it  was 
immediately  brought  to  me.  There  seemed  to  be  no  hesitation  what- 
ever about  it. 

Cross-examination.   . 

Mr.  HoLL — You  mean  in  the  Law  Library?    A.  Yes. 

Q.  Yoa  know  something  of  the  arrangement  of  the  Law  Library 
yourself?    A.  Yes ;  I  do. 

Q.  The  reports  of  the  different  States  are  placed  together  and  the 
names  of  the  States  are  marked  on  the  shelves?     A.  Yes. 

Q.  And  when  you  would  call  for  any  report  he  would  readily  go 
and  get  it?  A.  Yes;  but  there  are  man}'' of  the  State  reports  that 
go  by  the  names  of  the  men  who  edit  them,  so  that  they  are  difficult 


143 

to  find  by  a  man  who  is  not  familiar  with  them.  That  is  also  the 
case  with  the  English  reports. 

Q.  As,  for  instance,  the  Ohio  reports,  they  go  by  the  names  of  a 
number  of  different  persons?    A.  Yes. 

Q.  But  they  are  all  arranged  in  the  library  under  the  name  "Ohio?" 
A.  Yes. 

Q.  If  a  man  knew  that  it  was  an  Ohio  report,  he  would  simply  go 
and  look  at  those  reports?  A.  I  will  give  you  an  instance:  the 
Yerg^r  re[)orts  are  always  put  down  simply  as  "  Yerger,"  and  a  man 
must  know  that  it  is  a  Tennessee  report. 

Q.  He  knew  the  fact  that  the  Yerger  reports  were  Tennessee 
reports?     A.  Yes. 

Q.  And  he  could  go  to  where  the  Tennessee  reports  were  and 
find  them  ?     A.  Yes. 


Testimony  of  C.  H.  Dunn. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  Johnson — Your  name  is  Chauncey  H.  Dunn?     Answer — Yes. 

Q.  You  are  an  attorney  at  law?    A.  Yes. 

Q.  You  reside  in  the  City  of  Sacramento?     A.  Yes. 

Q.  And  have  for  some  time?     A.  A  little  over  a  year. 

Competency  and  Deportment  of  Librarian, 

Q.  Do  you  know  Talbot  H.  Wallis,  the  State  Librarian?    A.  Yes. 

Q.  Has  your  business  been  such  as  to  bring  you  quite  frequently 
to  the  State  Library  during  the  past  year?  A.  Well,  for  about  eleven 
months  yearly  every  day  except  Sundays. 

Q.  You  have  seen  Mr.  Wallis  during  the  times  you  have  visited 
here  while  in  the  discharge  of  his  official  duties?  A.  Nearly  every 
day. 

Q.  State  to  the  Board  as  to  his  treatment  of  you  and  of  other 
peo[)le,  as  it  came  under  your  observation;  whether  it  was  courteous, 
polite,  affable,  and  gentlemanly,  or  the  opposite?  A.  It  always  has 
been  so  to  me;  he  always  has  treated  me  as  a  gentleman;  there 
never  has  been  anything  in  which  he  has  not  treated  me  as  a  gentle- 
man. 

Q.  That  same  course  of  conduct  extended,  so  far  as  you  could  see, 
to  other  people?  A.  Yes,  so  far  as  I  could  see  it  extended  to  others; 
I  do  not  remember  of  his  ever  doing  anything  ungentlemanly  to 
any  one. 

Q.  State  whether  or  not  he  manifested  a  knowledge  and  acquaint- 
ance with  the  books  and  the  classification  and  arrangement  in  the 
library?     A.  He  has,  so  far  as  I  have  ever  asked  him  for  books. 

Q.  Most  of  your  labors  have  been  in  the  Law  Library?  A.  They 
have  been  there  entirely. 

Q.  Do.  a  number  of  people  visit  the  Law  Library?  A.  Well,  at 
times,  especially  during  the  Legislature. 

Q.  Quite  a  number?    A.  A  great  many  then.     Other  times,  not  so 


144 

many.     Probably,  three,  four,  or  half-a-dozen  during  the  afternoon. 
I  have  not  been  here  during  the  forenoon  except  a  very  few  times. 

Cross-examination. 

Mr.  Hoi-L — Your  visits  to  the  library  have  been  confined  to  the 
Law  Department?  A.  Well,  there  is  where  my  work  has  been.  I  have 
been  in  the  general  library,  but  it  has  simply  been  to  step  in  as  a  vis- 
itor and  to  look  around,  and  sometimes  I  have  gone  there  to  speak 
to  an  attendant  of  tlie  library. 

Q.  When  you  speak  of  Mr.  Wallis  assisting  you  and  being  clever, 
you  mean  that  it  was  confined  to  the  Law  Library.  That  is  where 
you  required  the  assistance  of  him?  A.  That  is  all  that  I  have  ever 
asked  for  his  assistance.  I  never  got  but  one  book  from  the  general 
library,  or  two,  rather.     I  got  them  both  at  the  same  time. 

Q.  Can  you  give  us  any  idea  of  what  you  mean  when  you  say  he 
rendered  you  assistance?  What  did  you  ask  of  .him?  A.  In  the 
work  that  I  have  to  do  I  have  to  gather  a  great  many  cases,  and  there 
are  an  immense  number  of  authors  of  law  reports.  I  was  not 
familiar  with  them.  I  called  on  him  sometimes  to  tell  me  where  I 
could  get  certain  books,  and  he  has  frequently  got  them  himself  for  me, 
and  sometimes  he  has  told  me  where  I  could  get  them.  Sometimes 
he  did  one  thing  and  sometimes  the  other.  I  was  satisfied  if  he 
would  only  tell  me  where  I  could  get  the  books. 

Q.  If  you  wanted  a  certain  book  you  named  it  to  him,  and  he 
would  sometimes  tell  you  where  to  get  it  and  sometimes  he  would 
get  it  himself?  A.  I  did  not  name  it  to  him,  because  they  are  abbre- 
viated, as  you  know. 

Q.  You  would  give  him  the  abbreviation?  A.  Yes;  and  I  wouW 
ask  him  what  report  it  was,  or  what  State  perhaps,  or  if  it  was  an 
English  report,  or  an  Irish  report,  or  a  Canadian  report,  and  where  I 
could  find  it. 

Q.  He  seemed  to  understand  the  abbreviations  that  are  used  in 
law  books?     A.  Yes. 

Q.  And  he  could  tell  you  what  such  reports  were  and  where  you 
could  find  them  in  the  library?     A.  Yes. 

Q.  In  the  miscellaneous  library  you  got  but  two  books?  A.  Yes, 
but  at  the  same  time. 

Q.  You  have  no  knowledge  of  what  he  knows  of  the  miscellaneous 
library?    A.  No. 


Testimony  of  A.  F.  Goddard. 

Called  and  sworn  on  behalf  of  the  defense: 

Mr.  Johnson — Your  name  is  A.  F.  Goddard?    Answer — Yes. 

Q.  You  reside  in  Sacramento  City?    A.  Yes. 

Q.  And  have  resided  here  for  a  number  of  years  ?    A.   Yes. 


145 

Comjjetency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  T.  H.  Wallis,  the  present  State  Librarian? 
A.  Quite  well. 

Q.  And  have  for  a  number  of  years?     A.  Yes. 

Q.  You  have  paid  considerable  attention  to  astronomy  and  science 
during  the  past  number  of  years?    A.  Yes;  to  some  extent. 

Q.  And  you  have  written  a  large  number  of  communications  to 
papers  and  magazines  in  relation  thereto?  A.  Yes;  from  time  to 
time. 

Q.  Have  your  researches  and  endeavors  to  make  yourself  ac- 
quainted with  these  subjects  brought  you  frequently  into  the  State 
Library,  and  in  contact  with  Mr.  Wallis?  A.  At  certain  seasons.  I 
never  could  give  much  time  to  the  Summer  season,  but  I  have 
given  as  much  as  I  could  in  the  Autumn  and  Winter.  I  have  been 
here  frequently. 

Q.  And  at  those  times  you  have  been  brought  into  official  rela- 
tions, or  business  relations  I  mean,  with  Mr.  Wallis,  the  State  Libra- 
rian?   A.  Yes. 

Q.  State  to  the  Board  as  to  Mr.  Wallis'-  treatment  of  you  and  other 
people  as  it  came  under  3'our  observation — whether  it  was  polite, 
courteous,  obliging,  and  gentlemanly,  or  the  opposite?  A.  With 
uniform  courtesy.     I  never  found  anything  else. 

Q.  State  as  to  whether  or  not  he  manifested  a  knowledge  of  the 
books  in  the  library,  and  of  their  arrangement  and  classification,  and 
whether  he  was  of  any  assistance  to  you  in  finding  books?  A.  Per- 
fectly so.  He  never  appeared  to  be  at  a  loss  in  knowing  where  a 
book  was  in  any  part  of  the  library.  At  times  I  would  want  to  con- 
sult a  number  of  books  at  the  same  time,  principally  in  the  philo- 
sophical departments,  and  he  knew  where  they  could  be  found. 

Cross-examination. 

Mr.  HoLL — What  portion  of  the  year  were  j'ou  generally  in  the 
library  the  most?  A.  Generally  in  the  Winter  and  Spring  time  of 
the  year.     One  season  I  was  away  tlie  whole  Winter  in  San  Francisco, 

Q.  Do  you  make  the  State  Library  the  place  where  you  study 
astronomy,  or  investigate  the  science  of  astronomy?  A.  Not  entirely 
so;  I  come  here  principally  for  reference,  and  particularly  to  see  the 
nautical  almanacs. 

Q.  In  your  investigations  into  the  subject  of  astronomy  what  de- 
mands for  assistance  did  you  make  on  Mr.  Wallis?  A.  I  might  want 
to  know  whether  there  were  certain  books  in  the  library,  and  he 
would  tell  me  immediately. 

Q.  You  would  name  the  books?     A.  Yes. 

Q.  And  you  would  tell  him  what  books  you  wanted?  A.  Some- 
times I  would  not  be  able  to  name  the  books  exactly,  but  ho  would 
tell  me,  "I  tliink  you  will  find  it  in  such  a  book."  He  would  take 
me  to  the  compartment,  and  there  perhaps  I  would  find  the  book 
that  I  wanted. 

Q.  Can  you  give  us  an  instance  in  which  you  were  aided  in  your 

19 


146 

investigation  of  astroiiomy  by  any  information  received  from  him? 
A.  I  forget  now  whether  it  was  Mr.  Gunn 

Q.  When  you  refer  to  Mr.  Gunn  be  careful  and  do  not  mix  liim  up 
with  Mr.  Wallis.  Do  not  confound  those  two  gentlemen.  A.  Some- 
times Mr.  Gunn  has  gone  up  with  me  into  the  alcove,  and  sometimes 
Mr.  Wallis;  but  of  course  during  the  long  period  that  Mr.  Wallis  was 
assisting  Mr.  Cravens  he  was  the  chief  deputj^,  and  subsequently  I 
did  not  see  him  so  much. 

Q.  I  want  to  know  whether  you  are  testifying  in  reference  to  what 
information  you  received  from  Mr.  Gunn,  or  what  you  received  from 
Mr.  Wallis?  I  want  you  to  state  nothing  about  Mr.  Gunn,  but  all 
that  you  can  remember  of  the  information  that  you  received  from 
Mr.  Wallis?     A.  I  do  not  remember  anything  but  perfect  courtesy. 

Q.  That  is  not  the  question  that  I  am  now  inquiring  about.  Did 
you  ever  talk  on  the  subject  of  astronomy  with  Mr.  Wallis.  Did  you 
ever  discuss  that  science  with  him?  A.  In  relation  more  to  geogra- 
phy than  anything  else. 

Q.  Did  you  ever  discuss  the  subject  of  geography  with  him? 

Mr.  Johnson  objected,  as  irrelevant,  immaterial,  and  incompetent, 
and  as  not  responsive  to  any  of  the  issues  involved  in  this  case,  and 
as  not  cross-examination. 

The  Board  overruled  the  objection. 

Mr.  HoLL — Did  you  ever  discuss  the  subject  of  astronomy  or  geog- 
raphy with  Mr.  Wallis,  independent  of  inquiring  for  certain  books? 
A.  I  think  perhaps  tliere  has  been  some  discussion  in  regard  to  it. 
I  think  I  might  explain  in  a  few  words.  Last  December  Major 
Bender  and  myself  undertook  an  observation  of  the  transit  of  Venus. 

Q.  in  this  building?  A.  In  this  building,  and  it  led  to  some  little 
confusion,  and  brought  up  the  question  of  the  latitude  and  longitude 
of  Sacramento. 

Mr.  Edgerton— We  do  not  care  to  hear  this  explanation. 

Mr.  Johnson — We  desire  to  have  him  finish  the  explanation. 

After  some  little  discussion,  the  witness  was  permitted  to  finish 
his  explanation. 

Mr.  Johnson — Did  Mr.  Wallis  assist  you  in  ascertaining  that  lati- 
tude and  longitude?  A.  He  assisted  me  to  some  extent  in  telling 
me  where  I  might  probablj^  find  something  about  it.  He  referred 
me  to  the  State  Engineer,  and  there  I  found  something.  The  point 
was  this:  we  wanted  to  ascertain  what  was  the  latitude  and  longi- 
tude of  Lick's  Observatory  to  connect  it  with  that  of  Sacramento. 
We  found  in  the  Land  Office  a  plot,  but  it  was  not  sufficient,  and  then 
we  got  it  pretty  well  in  the  State  Engineer's  office,  but  not  entirely, 
and  I  made  some  computations  from  the  data  I  got  in  the  State 
Engineer's  office,  and  determined  what  must  be  the  actual  longitude 
and  latitude  of  this  State  Capitol,  which  had  never  been  determined 
before.  I  think  I  got  it  as  nearly  as  possible,  and  I  sent  it  to  Wash- 
ington. 

Mr.  HoLL — What  assistance  did  Mr.  Wallis  give  you  in  that  mat- 
ter? A.  In  that  particular  matter  he  referred  me  to  the  State  Engi- 
neer. 

Q.  Did  he  render  j'ou  any  assistance  in  any  other  respect  in  that 


147 

particular  matter?    A.  In  that  particular  matter  I  do  not  know  as 
there  was  anything  more  especially  called  for. 


TestimOiVY  of  Mrs.  Zimmerman — Recalled  for  the  defense. 
Opening  and  Detention  of  Letters. 

Mr.  Ball — Mrs.  Zimmerman,  in  your  testimony  you  spoke  of  a 
conversation  which  happened  on  the  cars  that  occurred  between  you 
and  Mr.  Wallis,  in  which  you  spoke  of  his  saying  something  in  rela- 
tion to  a  letter.  I  ask  you  now  whether  you  meant  to  be  understood 
to  say  that  Mr.  Wallis  intimated  to  you  that  he  had  opened  any  let- 
ter? 

Mr.  HoLL  objected,  that  the  witness  had  been  examined  and  cross- 
examined  on  that  subject  fully. 

The  Board  overruled  the  objection. 

A.  I  will  repeat  the  answer  that  he  made  to  me.  Mr.  Wallis  and 
I  were  talking  about  this  library  matter,  and  I  asked  him  if  he  did 
not  think  it  was  a  very  foolish  quarrel,  and  I  scolded  him  somewhat 
for  this  trouble.  Then  I  asked  this  question:  "What  about  this 
letter  that  they  accuse  you  of  opening?"  He  said:  "I  will  tell  you. 
There  is  a  true  inwardness  in  this  matter,  and  it  will  all  come  out." 

Mr.  HoLL — Did  not  you  repeat  that  yesterday?  A.  Yes,  I  did 
repeat  it,  and  I  told  the  truth  about  it,  and  I  will  tell  the  same  thing 
about  it  to-night. 

Mr.  Ball — Did  Mr.  Wallis  say  that  he  had  opened  any  letter?  A. 
He  did  not. 

Q.  Did  he  say  anything  that  led  you  to  believe  that  he  had?  A. 
Am  I  allowed  to  say  what  I  believe? 

Mr.  Edgerton — Did  he  say  anything  that  led  you  to  believe  it? 
A.  I  could  tell  you  my  thoughts. 

Q.  It  is  not  what  you  now  think  about  it — whether  he  did  say  that 
he  did?     A.  Am  I  to  tell  what  my  thoughts  were  then  ? 

Mr.  Ball — Did  Mr.  Wallis  say  anything  to  you  which  led  you  to 
the  opinion  that  lie  had  opened  that  letter;  did  Mr.  Wallis  say  an}^- 
thing  that  led  your  mind  to  anj^  such  conclusion?  A.  I  have  got  to 
say  something  that  I  believe.  I  believe  that  Mr.  Wallis  is  a  man  of 
such  honor  that  he  would  not  open  a  letter;  that  is  my  belief,  and  it 
was  my  belief  then,  but  I  do  not  know  anything  about  the  law,  and 
I  did  not  know  that  it  was  against  the  law  to  keep  a  letter  that  was 
not  your  own  and  not  deliver  it.  His  language  inferred  to  me  that 
he  still  had  that  letter  in  his  possession,  and  never  had  delivered  it, 
and  that  is  my  belief  about  it,  that  he  has  got  that  letter  still  in  his 
possession. 

Q.  Got  it  yet?  A.  That  is  my  opinion,  that  he  has  got  it  yet ;  that 
is  my  belief  about  it  from  the  language  he  used  to  me. 

Q.  He  did  not  use  any  language  that  led  you  to  believe  that  he 
had  opened  the  letter?  A.  No,  in  my  heart  I  do  not  believe  it,  nor 
I  never  did. 


148 

Cross-examination. 

Mr.  HoLL — Did  he  say  anything  that  led  your  mind  to  the  conclu- 
sion that  he  had  done  anything  with  that  letter  except  to  let  it  lay 
there  undelivered?  A.  He  led  me  to  believe  then  that  he  had  the 
letter  in  his  possession,  and  that  he  never  had  delivered  it,  and  I 
looked  at  him  with  all  the  eyes  I  had  in  my  head,  because  I  thought 
he  had  it  in  his  possession  and  never' had  given  it  up,  because  he 
possessed  that  power  and  acuteness  of  mind,  and  knew  that  there  was 
something  in  that  letter  from  the  size  of  it  or  something. 

Mr.  Edgerton — Psychology?  A.  Yes,  psychology — tliat  he  knew 
that  there  was  something  "hocus-pocus"  in  it,  and  I  was  such  a  fool 
that  I  did  not  know  it  was  against  the  law  to  do  it. 


Testimony  of  J.  J.  Owen — Recalled  for  the  defense. 

Mr.  Johnson — You  are  now,  and  have  been  for  the  past  five  or  six 
years,  the  managing  editor  and  general  manager  of  the  San  Jose 
Mercury?    A.  Yes. 


Testimony  of  Talbot  H.  Wallis — Recalled  for  the  defense. 
Conspiracy  against  Librarian. 

Mr.  Johnson — What  book  is  that  ?  A.  A  scrap  book  kept  by 
myself — a  private  scrap  book. 

Q.  Is  it  paged  ?    A.  Yes. 

Q.  What  page  are  you  looking  at?     A.  Page  34. 

Q.  State  if  that  page  34  contains  any  extracts  from  the  .editorial 
columns  of  the  San  Jose  Daily  Mercury,  and  if  so,  give  the  month 
and  the  year  of  the  publication  of  the  editorial?  A.  There  are  four 
here;  I  cannot  exactly  give  the  dates. 

Q.  There  are  four  different  extracts?  A.  No,  there  are  three;  one 
of  them  is  copied. 

Q,.  The  one  I  want  is  this  one;  it  is  the  one  that  is  headed  "An 
Ugly  Fight."  State  Avhether  or  not  that  is  an  extract  from  the  edi- 
torial columns  of  the  San  Jose  Daily  Mercury?     A.  Yes. 

Q,.  State,  if  you  can,  the  month,  whether  it  was  in  the  month  of 
February  or  March,  1882,  that  that  appeared?  A.  I  cannot  exactly 
state. 

Q.  You  can  tell  from  the  reading  of  it?  A.  Wait  one  moment  and 
I  can  tell.  Tiiis  article  here  that  you  have  reference  to  was  pub- 
lished after  the  election  of  the  Trustees  by  the  Legislature. 

Q.  Then  I  have  marked  the  wrong  one.  What  page  is  that  article 
on  that  we  were  looking  at?  A.  It  is  on  page  38,  ]\Iarch  4,  1883, 
San  Jose  Mercury. 


149 

Q.  Do  you  know  of  your own#nowledge  tliat  that  article  appeared 
in  the  San  Jose  Mercury?     A.   Yes. 

Q.  And  that  that  slip  was  cut  from  the  San  Jose  Mercury  and 
pasted  in  that  book?     A.  Yes. 

Mr.  HoLL — Did  you  cut  that  out  of  the  San  Jose  Mercury  and  paste 
it  in  this  book?     A.  I  did. 

Q.  What  book  is  this?    A.  My  own  private  scrap  book. 

Q.  Your  own  private  scrap  book  ?     A.  Yes. 

Q.  Is  it  kept  for  any  special  object?  A.  Yes;  there  are  quite  a 
number  of  my  articles  in  it. 

Q.  A  number  of  what?     A.  A  number  of  my  articles. 

Mr.  Johnson — We  offer  that  article  in  evidence. 

Mr.  HoLL — We  object,  that  it  is  irrelevant,  that  it  does  not  prove  or 
disprove  any  of  the  issues  here  presented,  and  that  it  is  not  compe- 
tent.   ^^ 

The  objection  was  overruled. 

The  article  was  read  as  follows : 

"  THE   STATE    LIBRARY    BOARD 

"  Will  be  about  the  only  one  left  to  the  present  management.  It 
will  be  difficult  for  the  Democrats  to  find  a  good  cause  or  reasonable 
pretense  for  interfering  with  the  library  officers  with  the  eulogistic 
report  of  the  Assembly  Committee,  headed  by  so  sterling  a  Demo- 
crat as  Dr.  Briceland,  before  them.  This  report  states  that  the 
library  has  never  been  in  such  excellent  condition,  and  it  devotes  to 
the  Librarian  and  those  in  the  library  as  employes  a  measure  of 
praise  for  capability,  studiousness,  faithfulness,  and  economy,  which 
has  never  been  stated  of  any  of  their  predecessors.  Everything  is 
ill  the  most  thorough  order,  and  all  in  the  institution  give  the  utmost 
care  to  making  the  library  that  which  it  has  always  been  the  pride 
and  the  study  of  the  State  to  make  it.  A  more  complimentary 
report  or  a  more  deserved  one  has  never  been  presented  of  any 
officer  in  the  State.  And  a  prolonged  visit  to  the  library  will  satisfy 
any  impartial  person  that  this  high  praise  is  fully  sustained." 

Mr.  Johnson — Now,  Mr.  Wallis,  is  there  any  regulation  as  to  the 
hours  during  which  the  State  Library  is  open?     A.  Yes. 

Q.  State  the  hours?  A.  From  nine  to  four,  when  the  Legislature 
and  the  Supreme  Court  are  not  in  session. 

Q.  Did  you  ever,  at  any  time,  or  under  any  circumstances,  or  at 
any  place,  open  any  letter  or  envelope  addressed  to  Miss  M.  A.  Pat- 
ton?     A.  No. 

Q.  Did  you  ever,  at  any  time,  or  at  any  place,  or  under  any  cir- 
cumstances, intentionally  detain  or  keep  from  Miss  Patton  any  letter, 
whether  by  mail  or  by  Wells,  Fargo  &  Co.?     A.  No. 

Q.  There  has  been  testimony  given  here  in  relation  to  a  certain 
letter  received  through  Wells,  Fargo  &  Co.'s  Express,  directed  to  Miss 
Patton,  which  Miss  Patton  claims  was  not  delivered  to  her  at  the 
proper  time.     Please  explain  your  conduct  in  relation  to  that  letter? 

Mr.  HoLL — I  want  to  make  this  suggestion  to  the  Board:  Mr.  AVal- 
lis  is  now  called  by  his  counsel  as  a  witness  in  this  case.     He  was 


150 

called  by  us  last  night,  and  we  procqgded  with  a  perfectly  legitimate, 
orderly,  competent,  and  proper  examination,  as  this  Board  unani- 
mouslj'  determined.  He  was  our  witness  then.  Mr.  Wallis  abso- 
lutely and  continuously,  and  all  the  time,  refused  to  answer  such 
pertinent  questions  as  this  Board  said  he  ought  to  answer.  He  is  in 
contempt,  as  much  as  any  witness  possibly  could  be  of  a  tribunal 
before  whom  he  testifies.  I  submit  to  the  Board  whether  this  man 
ought  to  be  permitted  to  be  heard  now  as  a  witness  in  this  case. 
When  he  was  called  as  a  witness  he  brought  himself  into  contempt 
of  this  Board,  and  stands  unpurged  of  that  contempt.  I  make  this 
suggestion  because  I  deem  it  proper  to  submit  it  to  tlie  Board.  * 

Mr.  Edgerton — I  suppose  that  you  would  have  the  right  to  the 
exclusion  of  this  testimony,  on  the  ground  that  the  witness  would 
not  be  permitted  to  state  one  half  of  a  case,  and  refuse  to  answer 
proper  questions  as  to  the  other  portion.  Do  you  object  to  the  tes- 
timony? 

Mr.  PIoLL — It  strikes  me  that  this  is  a  matter  that  addresses  itself 
entirely  to  the  Board. 

Mr.  Edgerton — We  have  held  that  the  witness  has  no  right  to  tes- 
tify in  his  own  behalf,  having  refused  to  testify  upon  such  subjects 
and  in  answer  to  such  questions  as  the  Board  have  ruled  to  be  com- 
petent. 

After  a  lengthy  argument,  the  question  as  to  whether  the  witness 
should  be  allow^ed  to  testify,  was  reserved  for  the  action  of  the  full 
Board. 

The  Board  then  adjourned  to  meet  at  San  Francisco  at  the  call  of 
the  President,  upon  notice  to  counsel  on  each  side  of  five  days. 


»  State  Library,  December  28,  1883. 

Board  called  to  order  at  half-past  one  o'clock  p.  m.  bj'  President  A. 
C.  Freeman.     Present,  Freeman,  Edgerton,  and  Johnson. 

A.  C.  Hinkson  Esq.,  appeared  as  counsel  for  T.  H.  Wallis,  and 
asked  permission  to  take  testimony  in  San  Francisco  relative  to  the 
investigation  of  the  charges  preferred  by  Trustee  J.  J.  Owen  against 
T.  H.  Wallis;  said  testimony  to  be  taken  by  deposition  before  a 
Notary  Public;  and  asked  further  that  the  meeting  of  the  Board  at 
San  Francisco,  provided  for  at  the  last  meeting,  be  postponed. 

Mr.  Holl,  who  appeared  for  the  prosecution,  objected,  because  he 
desired  the  Board  to  meet  in  San  Francisco  to  take  testimony. 

After  a  general  discussion,  Mr.  Hinkson  acceded  to  a  proposition 
by  Mr.  Holl  to  take  the  testimony  of  San  Francisco  witnesses  before 
Mr.  Johnson  at  that  place;  whereupon  Mr.  Edgerton  introduced  the 
following  order  and  moved  its  adoption  : 

"In  the  matter  of  the  charges  now  pending  against  Mr.  Wallis, 
Librarian,  on  motion  of  Mr.  Edgerton,  all  the  parties  interested  being 
present  b}'  their  attorneys  and  consenting  thereto,  it  is  ordered  that 
the  further  taking  of  testimony  in  San  Francisco  be  referred  to  Mr. 


151 

Matt.  F.  Johnson,  and  that  all  of  his  rulings  upon  the  admissibility 
or  exclusion  of  evidence  upon  the  taking  of  such  testimony  shall  be 
final  and  conclusive  upon  both  the  parties  to  said  charges.  Bat 
nothing  in  this  order  siiall  be  so  construed  as  to  preclude  the  Board 
of  Trustees  from  excluding  and  admitting  any  testimony  wliich  may 
be  hereafter  offered  by  either  of  said  parties." 

The  motion  was  carried,  Messrs.  Edgerton  and  Freeman  voting  in 
the  affirmative — Johnson  not  voting. 

On  motion  of  Mr.  Johnson,  Mr.  Wallis  was  empowered  to  select  a 
suitable  room. 

TALBOT  H.  WALLIS, 

Secretary. 


The  following  additional  testimony  was  taken  at  room  No.  16 
Grand  Hotel,  San  Francisco,  before  Honorable  Matt.  F.  Johnson,  a 
member  of  the  Board  of  Trustees  of  the  State  Library,  on  Thursday, 
January  3,  1884.  At  the  taking  of  this  testimony  the  prosecution 
was  represented  by  S.  Solon  Holl,  and  the  defense  by  Add.  C.  Hink- 
son  and  Honorable  J.  S.  Wallis. 

Testimony  of  F.  R.  Danforth. 

Called  and  sworn  on  behalf  of  defense. 

Mr,  HiNKSON — Where  do  you  reside?     Answer — In  San  Francisco. 
Q.  What  is  your  business?     A.  I  am  a  shipping  clerk  with  Hun- 
tington, Hopkins  &  Co. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  T.  H.  Wallis,  the  State  Librarian  ?  A.  Very 
well. 

Q.  How  long  have  you  known  him?  A.  I  have  known  him  for 
nearly  four  years  now;  since  the  time  I  came  to  Sacramento  to  reside. 

Q.  Please  state  the  nature  of  your  accjuaintance  witli  him  while 
you  resided  in  Sacramento?  A.  While  I  was  at  Sacramento  I  had  a 
position  in  D.  M.  Burns'  office,  then  Secretary  of  State,  and  I  was  one 
^of  the  recording  clerks  for  two  years  and  seven  months,  and  then  I 
was  bookkeeper  for  five  months.  At  that  time  I  had  a  great  deal  of 
business  to  do  with  Mr.  Wallis  in  the  State  Library ;  in  fact  we  had  a 
great  mafTy  letters  written  to  us  for  information  that  we  could  not 
give  without  the  use  of  the  State  Library,  and  I  always  had  to 
go  to  Mr.  Wallis  to  get  such  information  as  I  needed. 

Q.  Why  did  you  go  to  Mr.  Wallis  in  person  to  transact  these 
matters?  A.  I  went  to  the  State  Library  and  most  always  j\Ir. 
AVallis  waited  on  me  in  person,  even  before  he  was  State  Librarian. 
I  always  found  him  very  gentlemanly  in  every  manner. 

Q.  Please  state  what  his  treatment  of  you  was  during  your  social 
and  official  intercourse  with  him,  in  regard  to  his  demeanor? 

Mr.  Holl  objected  to  testimony  relative  to  social  intercourse. 


152 

Mr.  HiNKSON — Very  well,  strike  out  the  "social"  part.  A.  In  his 
official  capacity? 

Q.  In  regard  to  courtesy,  etc.?  A.  It  was  all  that  I  could  wish. 
He  gave  me  all  the  information  that  I  asked  for,  and  in  fact  put 
himself  out  at  times  more  than  I  thought  a  man  should.  He  was 
always  accommodating. 

Q.  What  was  his  treatment  of  visitors  to  the  library  so  far  as  your 
observation  goes?  A.  Very  gentlemanly,  so  far  as  I  know.  In  fact 
I  brought  a  great  many  visitors  there  myself,  outside  of  business 
relations. 

Q.  What,  if  you  know,  was  the  general  reputation  of  his  treatment 
of  visitors  there? 

Mr.  HoLL  objected  as  irrelevant,  and  that  general  reputation  is  not 
a  matter  involved  in  this  investigation. 

Trustee  Johnson — I  will  State  tlrat  anything  that  affects  his  deport- 
ment, or  his  dignity  in  the  conduct  of  his  office,  I  think  he  has  a 
right  to  prove  by  general  reputation.  I  shall  admit  this  question, 
because  it  goes  to  the  question  of  his  deportment,  and  that  is  some- 
thing he  has  a  right  to  rebut  or  defend  against  general  reputation. 
I  suggest  that  you  confine  your  examination  to  general  reputation 
as  to  dignity  and  deportment. 

Mr.  HiNKSON — What  was  his  general  reputation  with,  reference  to 
his  dignity  and  deportment  to  visitors  at  the  library?  A.  As  far  as 
I  know,  it  was  good. 

Mr.  HoLL — In  the  first  place,  I  think  he  should  answer  whether  he 
knows. 

Mr.  HiNKSON — Do  you  know  what  his  reputation  was  with 
reference  to  dignity  apd  deportment  to  visitors  at  the  library  ?  A. 
As  far  as  I  know. 

Mr.  HoLL — The  question  is  whether  you  do  know  his  reputation, 
which  is  made  up  of  the  hearsay  of  a  considerable  portion  of  the 
communit}'^ — of  what  they  say  about  him — that  is,  reputation?  A.  I 
never  knew  of  anybody  that  was  treated  discourteously. 

Mr.  HiNKSON — Do  you  know  what  his  reputation  was?  Answer 
yes  or  no  to  that  question.  A.  Will  I  answer  it  as  far  as  I  know 
personally? 

Q.  No;  answer  whether  you  know  it  or  not?  A.  I  can  only  answer 
what  I  know  myself,  and  not  what  I  have  heard  from  the  outside. 

Q.  I  am  not  asking  as  to  what  you  know  yourself.  I  ask  you,  do 
you  know  his  general  reputation  among  people  outside  as  to  dignity 
and  deportment  to  visitors,  from  what  they  have  said  and^not  from 
what  you  have  seen  yourself.  Do  you  know  his  reputation?  A.  Yes; 
I  think  I  do. 

Q.  State  what  that  reputation  is  and  has  been  with  reference  to 
dignity  and  deportment  to  visitors  at  the  library?  A.  As  far  as  I 
know 

Q.  From  his  reputation,  what  is  it;  not  in  reference  to  what  you 
know  personally,  but  from  what  you  have  heard?  A.  It  has  been 
very  gentlemanly  and  courteous  to  every  one. 

Q.  Have  you  had  facilities  for  knowing  his  familiarity  with  and 


153 

capacity  for  managinp:  that  library?  A.  Only  from  my  business  con- 
nection witli  him.    That  is  all  I  know  about  it. 

Q.  In  reference  to  tiiat  what  do  you  know  of  his  qualifications? 
A.  His  qualifications,  as  far  as  I  had  any  business  connection  with 
him,  were  all  that  any  one  could  ask  for. 

Q.  How  often  did  you  visit  the  library?  How  often  were  you  there 
at  the  office  of  the  State  Librarian?  A.  I  was  in  the  Secretary  of 
State's  office  for  about  three  years. 

Q.  How  often  did  you  visit  the  office  of  the  State  Librarian  during 
that  time  in  connection  with  business  matters?  A.  Well,  I  suppose 
I  visited  it  four  days  out  of  every  week. 

Q.  During  that  period?  A.  Yes;  and  sometimes  two  or  three  times 
a  day. 

Q.  Your  opportunities  were  then  ample  for  knowing?    A.  Yes. 

Q.  As  to  his  capacity?    A.  Yes. 

Q.  I  will  ask  you  whether  or  not  you  went  there  for  the  purpose  of 
making  inquiries  in  regard  to  matters  pertaining  to  the  library?  A. 
Yes;  a  great  many  times. 

Q.  State  what  efficiency  Mr.  Wallis  displayed,  if  any,  in  connection 
with  those  matters?  A.  Well,  he  always  supplied  me  with  all  the 
information  I  wished  before  I  left  there. 

Q.  What  was  the  nature  of  your  inquiries  generally?  A.  In  regard 
to  the  laws  of  the  State,  and  lots  of  things. 

Q.  Many  different  things?  A.  Yes;  many  different  things  in  con- 
nection with  the  State  that  I  expected  to  find  in  the  State  Library. 
I  cannot  tell  now  all  the  things  that  I  went  there  to  inquire  about. 

G'oss-examinat  ion. 

Mr.  HoLL — Mr.  Danforth,  did  you  ever  hear  the  subject-matter  of 
Mr.  Wallis'  deportment  in  the  library'  discussed?  Did  you  ever  talk 
with  anybody  as  to  whether  his  deportment  was  good  or  bad,  proper 
or  improper?     A.  No;  I  do  not  think  I  did. 

Q.  You  never  heard  anybody  say  anything  about  it?  A.  Yes;  I 
have  heard  some  people  talk  about  it. 

Q.  How  frequently  have  you  discussed  that  matter  with  anybody? 
A.  I  have  not  discussed  it. 

Q.  How  did  you  come  to  hear  it?  A.  I  heard  people  talk  on  the 
outside. 

Q.  Whom?  A.  I  do  not  know.  I  do  not  remember  any  particular 
one. 

Q.  Can  you  name  anybody  that  you  ever  heard  speak  about  it? 
A.  No  ;  I  do  not  know  as  I  can. 

Q.  You  cannot  name  a  single  person  ?     A.  No. 

Q.  What  was  the  occasion  that  they  had  to  talk  of  his  deportment 
at  all?  A.  Well,  of  course  I  do  not  remember.  I  think  it  was  the 
time  that  Mr.  Wallis  was  making  his  fight  for  State  Librarian. 

Q.  You  think  at  that  time  you  heard  people  talk  about  it  ?  A. 
Yes. 

Q.  That  could  not  have  been  about  his  deportment  in  the  library? 
A.  No ;  I  do  not  mean  in  the  library. 

20 


154 

Q.  Did  you  ever  hear  anybody  say  anything  about  his  deportment 
in  the  library  as  the  Librarian?     A.  No. 

Q.  You  never  did  hear  it?    A.  No. 

Q.  Then  on  that  subject  you  do  not  mean  to  testify?  A.  No;  I  do 
not. 

Q.  You  do  not  mean  to  say  that  you  know  anything  of  what  other 
people  have  said  about  his  conduct  and  his  deportment  as  Librarian 
since  he  has  been  Librarian  ?     A.  No. 

Q.  What  department  of  the  Secretary  of  State's  office  did  you  ad- 
minister? A.  I  was  one  of  the  recording  clerks.  I  was  what  you 
might  call  a  "general  clerk."  I  acted  at  a  great  many  desks  when 
other  clerks  were  away. 

Q.  What  business  took  you  to  the  library  frequently?  A.  Well,  a 
great  many  letters  were  received  at  the  Secretary  of  State's  office  in 
regard  to  some  matters,  and  asking  for  information  that  we  could  not 
give,  and  the  Secretary  of  State  would  say,  "Mr.  Danforth,  you  will 
take  this  to  the  library  and  see  about  it."  They  were  about  laws 
and  a  great  many  things. 

Q.  Give  us  some  illustration  of  the  information  that  you  sought 
and  obtained  there?  Give  us  some  instance?  A.  Well,  at  times,  in 
regard  to  some  laws,  some  old  laws  or  some  resolutions  that  had  been 
passed  by  the  Legislature  a  great  manj^  years  ago;  maybe  I  could 
not  find  the  information  I  wished  in  the  office,  and  I  would  go  to  the 
library  and  hunt  over  the  files,  or  I  would  ask  Mr.  Wallis  if  he  knew 
anything  about  it,  or  if  he  could  find  out  anything  about  it  in  look- 
ing over  the  Journals. 

Q.  That  is  one  instance;  give  us  another?  A.  I  do  not  know  that 
I  can  give  you  any  particular  cases;  maybe  there  would  be  some- 
thing tiiat  I  would  want  to  find  in  regard  to  election  returns  that  had 
been  published  in  the  Sacramento  Record-Union,  the  files  of  which 
are  always  kept  in  the  library,  and  I  would  go  there  and  would 
always  find  Mr.  Wallis  willing  to  look  up  the  files  for  me,  or  any- 
thing like  that. 

Q.  That  is  about  the  extent  of  the  general  business  that  you  had 
there?     A.  Yes;  something  like  that,  of  course. 

Q.  Did  you  ever  sit  down  and  discuss  the  subject  of  general  litera- 
ture with  Mr.  Wallis?     A.  No,  I  never  did. 

Q.  When  did  you  ever  discuss  with  him  literary  matters  in  any  way 
or  matters  pertaining  to  the  library,  except  such  as  you  have  stated 
that  took  you  there  from  the  Secretary  of  State's  office?  A.  Well,  I 
really  do  not  know  ;  I  do  not  think  I  did.  I  went  there  on  a  certain 
business,  and  found  out  what  I  wanted  and  left. 

Q.  In  your  inquiries  there  j^ou  found  Mr.  Wallis  ready  and  willing 
to  assist  you  ?    A.  Yes. 

Q.  He  was  accommodating  to  you  in  that  way  ?  A.  Very  accom- 
modating. 

Q.  That  is  the  extent  of  what  you  know  of  Mr.  Wallis  in  the 
library ;  that  he  was  willing  and  ready  to  show  you  what  you  wanted, 
and  to  help  you  in  your  search  for  the  matters  you  sought  for?  A. 
Yes. 

Mr.  HiNKSoN — The  attorney  has  made  you  testify  that  that  was 


155 

the  extent  of  your  knowledge.  I  will  ask  you  if,  from  these  matters, 
you  have  any  knowledge  of  Mr.  AV'allis' efticiency  as  a  Librarian? 
A.  I  can  only  tell  you  from  what  I  know. 

Q.  From  what  you  have  seen?  A.  Pie  filled  the  bill  as  far  as  I 
know,  in  every  particuhir. 

Q.  You  do  claim  to  nave  some  knowledge  of  his  efficiency?  A. 
Yes.  . 

Mr.  HoLL — The  efficiency  you  speak  of  was  in  that  department  of 
which  you  have  spoken  ;  outside  of  that  you  do  not  know  anything 
about  his  efficiency  outside  of  the  matters  that  took  you  to  the 
library?    A.  No  ;  I  had  no  reason  to  inciuire  outside. 


Testimony  of  L.  W.  Buck. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — What  official  position  do  you  now  occupy?  An- 
swer— State  Senator. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  "Wallis,  the  State  Librarian?  A.  I  do.  I 
have  known  him  for  a  year  or  more. 

Q.  Have  you  had  any  business  transactions  with  him  in  your 
official  capacity?  A.  Well,  nothing  more  than  to  go  in  the  office  to 
look  up  points  I  wished  to  examine. 

Q.  What,  if  any,  assistance  did  he  render  you  ?    A.  I  often  went  in  , 
there,  or  at  least  quite  a  number  of  times,  to  find  records  of  previous 
Legislatures,  and  laws  and  decisions  on  certain  points,  and  he  always 
gave  me  all  the  assistance  that  I  asked  for. 

Q.  State  whether  or  not  he  seemed  ready  in  those  matters,  and 
efficient?    A.  Always  ready. 

Q.  And  competent  to  give  you  the  information  that  you  sought? 
A.  He  seemed  to  be.     Yes. 

Q.  What  was  his  deportment  towards  you,  and  other  persons  in 
your  presence?     A.  Always  gentlemanly  with  me. 

Cross-examination. 

Mr.  HoLL — You  are  a  Senator  from  Solano  County  ?    A.  Yes. 

Q.  AVas  this  during  the  last  session  of  the  Legislature  ?     A.  Yes. 

Q.  How  long  was  you  there?  A.  I  was  there  from  the  first  of 
January. 

Q.  For  sixtj'  days?  A.  Yes;  sixty  days.  I  was  there  a  little  more 
than  that. 

Q.  During  that  time  about  how  many  times  do  you  think  you  were 
in  the  library  when  you  called  on  the  Librarian  to  assist  you?  A. 
Well,  that  would  be  a  hard  matter  to  tell.  Very  likeb'  a  dozen  times, 
and  perhaps  twenty.     I  do  not  know. 

Q.  Can  you  ^ve  us  any  instance  that  you  called  on  him,  and  what 


156 

information  you  sought,  and  how  it  was  obtained  for  you  ?  A.  Wei], 
there  was  a  contest  in  the  Senate,  and  I  of  course  was  interested  in  it. 

Q.  You  mean  as  to  the  library  ?  A.  No ;  not  at  all ;  but  in  my 
own  case. 

Q.  A  contest  for  a  seat?  A.  Yes;  in  the  State  Senate,  in  our 
county.  Of  course  there  were  certain  things  that  I  and  my  attorney 
were  looking  up  in  the  State  Library,  from  the  records  of  different 
contests  in  the  preceding  Senates,  and  also  questions  of  law  touching 
those  points,  and  of  course  we  were  in  there  quite  a  number  of  times — 
I  cannot  give  the  number — and  when  we  asked  Mr.  Wallis  he  always 
assisted  us,  and  told  us  where  we  could  find  what  we  wanted,  and  I 
believe  we  generally  found  it. 

Q.  You  mean  so  far  as  the  books  were  concerned?    A.  Yes. 

Q.  He  could  tell  you  where  to  find  the  books?    A.  Yes. 

Q.  You  then  had  occasion  to  search  the  Journals  of  the  Senate? 
A.  Yes. 

Q.  Of  former  sessions  ?    A.  Yes. 

Q.  It  was  that  kind  of  books,  the  Journals  of  the  Senate,  that  you 
wanted?  A.  No.  We  required  the  decisions  of  Courts  of  different 
States  regarding  election  contests,  and  had  more  to  do  with  the  legal 
department  than  with  the  records. 

Q.  In  your  investigations  of  other  States,  and  as  to  what  other 
Courts  had  decided  in  previous  contests,  what  assistance  did  Mr. 
Wallis  render  you  outside  of  furnishing  you  with  the  books  that  you 
called  for?  A.  I  do  not  know  of  any.  I  did  not  ask  him  for  any 
more. 

Mr.  J.  S.  Wallis — He  showed  a  ready  knowledge  of  the  various 

►  subjects  that  you  went  there  to  ask  him  in  relation  to?     A.  Well, 

anything  further  than  simply  the  places  to  find  them,  and  where  we 

would  find  them,  I  do  not  know  that  we  ever  had  any  occasion  to 

judge  of  his  ability  on  the  general  points  of  law. 

Q.  He  was  prompt  in  showing  you  where  you  could  find  the  au- 
thorities or  such  books  as  you  wanted?    A.  Yes. 

Mr.  HoLL — He  could  furnish  you  the  volumes  you  called  for?  A. 
We  did  not  go  to  him  as  counsel  in  the  case.  I,  of  course,  know 
nothing  of  Mr.  Wallis  except  what  I  have  known  of  him  for  the  last 
year. 

Q.  He  was  ready  to  furnish  you  with  anything  you  called  for? 
A.  Yes. 

Q.  He  did  not  furnish  you  with  anything  that  you  did  not  call  for 
by  way  of  assisting  you  in  your  fight?  A.  No;  we  did  not  ask  that 
of  him. 


Testimony  of  Thos.  F.  O'Connor. 

Called  and  sworn  on  behalf  of  the  defense. 
Mr.  HiNKSON — Where  do  you  reside?     Answer — In  this  city. 
Q.  What  is  your  business?    A.  I  am  Secretary  and  Librarian  for 
the  Supreme  Court.  '  • 


157 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wallis,  the  State  Librarian?    A.  Yes. 

Q.  How  long  have  you  known  liim?  A.  I  think  since  1871,  when 
I  first  went  to  the  Supreme  Court. 

Q.  Have  you  had  any  business  transactions  with  him?  A.  Not 
except  as  connected  with  the  othce  officially. 

Q.  That  is  what  I  mean?     A.  Yes. 

Q.  State  in  what  connection  you  have  had  business  relations  with 
him?  A.  Well,  not  much  more  than  to  get  books,  etc.,  from  the 
library  for  the  Judges.     That  is  about  all. 

Q.  Extending  over  a  period  of  what  length  of  time  have  you  had 
those  business  relations  with  him?  A.  Well,  I  think  I  was  there  a 
little  while  -before  Mr.  Wallis  first  came  there;  that  is,  before  he  was 
Librarian,  I  mean.     I  have  been  there  since  1871. 

Q.  You  have  known  him  then  in  an  official  way  for  the  last  twelve 
years,  during  the  time  he  has  been  there.?     A-.  Yes. 

Q.  Has  your  business  intercourse  been  frequent  with  him  during 
that  period?    A.  Yes,  rather. 

Q.  Just  tell  the  nature  of  your  business  with  him;  how  you  came 
to  have  business  with  him  and  for  what  purpose,  and  the  general 
details  as  near  as  you  can?  A.  As  I  suggest,  that  was  about  all;  I 
would  go  up,  for  instance,  and  request  a  book  of  him,  or  once  in 
awhile  I  would  ask  him  if  he  had  anything  on  certain  points.  Some- 
times the  Judges  would  ask  me  to  go  to  the  library  and  hunt  up 
something,  a  digest  of  something,  and  he  would  sometimes  help  me, 
and  furnish  the  books.     That  is  about  all. 

Q.  Did  you  ever  give  the  Librarian  any  points  of  law  upon  which 
you  asked  him  to  furnish  you  authorities?  A.  Well,  not  very  often, 
but  I  have  done  so. 

Q.  State  if  he  rendered  you  service  in  that  particular  ?  A.  I  would 
go  up  in  this  way,  and  say,  "Wallis,  see  if  you  can  find  anything  on 
this  point." 

Q.  State  what  he  did  in  answer  to  your  recjuest?  A.  Well,  some- 
times he  would  bring  down  a  decision,  and  then  again  he  would  say 
that  he  could  not  find  it. 

Q.  And  was  this  on  some  point  that  you  asked  about?    A.  Yes. 

Q.  Did  you  ever  ask  him  to  make  any  selection  of  miscellaneous 
books  of  any  kind  for  the  Judges  of  the  Supreme  Court?  A.  Yes; 
they  have  frequently  sent  me  up  to  get  books.  Tliey  would  say  to 
have  Mr.  Wallis  pick  them  out  some  books. 

Q:  Miscellaneous  books  ?    A.  Yes. 

Q.  Did  he  make  those  selections  for  you  at  different  times?  A. 
Yes. 

Q.  State  whether  or  not  the  Judges  ever  expressed  any  opinion  as 
to  the  selections  made  by  Mr.  Wallis. 

Mr.  HoLL  objected  as  hearsay. 

The  objection  was  sustained,  and  counsel  for  defendant  excepted. 

Mr.  HiNKsoN — What,  during  your  frequent  visits  to  the  library, 
was  Mr.  Wallis'  conduct  with  reference  to  dignity  and  deportment 


158 

towards  yourself  and  other  persons  in  the  library?  A.  I  never  saw 
anything  objectionable  myself;  I  always  found  him  everything  that 
I  could  wish. 

Cross-examination. 

Mr.  HoLL — Mr.  O'Connor,  did  I  understand  you  correctly  in  saying 
that  the  Judges  of  the  Supreme  Court  would  send  you  to  Mr.  Wallis 
to  select  miscellaneous  literature  for  them  to  read  during  their 
leisure  moments?    A.  Yes. 

Q.  Who  sent  you  for  that  purpose  ?  A.  Judge  McKinstry  was  one, 
for  instance. 

Q.  Who  else?    A.  Judge  Crockett  used  to. 

Q.  Judge  Crockett  ?    A.  Yes;  I  think  so. 

Q.  Can  you  remember  in  any  instance  when  these  selections  were 
made,  what  the  literature  that  the  Librarian  selected  for  the  Judges 
was?  A.  I  know  that  Judge  McKinstry  had  a  taste  for  biographies 
and  novels;  late  novels  he  would  call  for. 

Q.  Do  I  understand  that  to  have  been  a  request  for  you  to  go  up 
and  get  something  that  Mr.  Wallis  would  think  would  be  suitable 
for  him  to  read,  or  something  that  Mr.  Wallis  would  consider  was 
suitable  to  amuse  him  ?  A.  I  will  answer  it  in  this  way :  He  would 
say,  "Tom,  go  up  and  tell  Wallis  to  pick  out  some  books  for  me  to 
read."  That  is  when  we  would  be  up  at  Sacramento,  for  instance; 
that  would  be  about  the  idea,  and  Mr.  Wallis  would  bring  them 
down  himself. 

Q.  He  would  bring  him  down  what  ?     A.  Novels  and  histories. 

Q.  What  kind  of  novels  did  he  supply  the  Judges  with  ?  A. 
Novels. 

Q.  What  kind — what  authors?  A.  I  do  not  know.  I  did  not  wait 
for  him  to  select  them.  I  did  not  see  the  books  at  all.  I  would  just 
go  up. 

Q.  You  do  not  know  whether  he  selected  English  or  American 
authors  for  the  Judges  to  read?  A.  In  fact,  I  know  some  of  them 
were  English,  but  about  all  I  would  see  of  them  would  be  to  see  them 
lying  on  their  desks  afterwards. 

Q.  Did  you  ever  see  the  Judges  reading  any  of  those  books?  A. 
Yes. 

q'  They  did  read  them?    A.  Yes. 

Q.  Judge  Crockett  and  Judge  McKinstry  did  that?  A.  Yes;  Judge 
Crockett  was  more  on  these  bric-a-brac  works.  He  was  not  as  heavy 
as  Judge  McKinstry. 

Q.  He  did  not  read  as  lieav^'  matter  as  Judge  McKinstry?  A.  No; 
he  was  a  little  blind. 

Q.  Your  business  was  to  go  up  there  and  get  books  sometimes? 
A.  Yes. 

Q.  You  are  the  Librarian  of  the  Supreme  Court?    A.  Yes. 

Q.  The  Supreme  Court  Librar.y  is  nearly  as  large  as  the  State  Law 
Library?  A.  Well,  the.v  have  some  foreign  books,  but  we  have  all 
the  American  and  English  books.     It  is  very  nearly  as  large. 

Q.  And  sometimes  when  there  were  works  that  were  not  in  your 
library  you  would  go  up  and  see  if  they  were  in  the  State  Library? 
A.  Yes. 


159 

Q.  And  you  would  ask  Mr.  Wallis  for  tliem?    A.  Yes. 

Q.  And  he  would  furnish  what  he  had?     A.  Yes. 

Q,.  That  is  about  the  extent  of  your  dealings  with  Mr.  Wallis?  A. 
As  I  said,  they  would  say,  "go  up  and  see  if  you  can  find  a  decision 
on  this  i)oint." 

Q.  You  would  go  through  the  digests?    A.  Yes. 

Q.  And  sometimes  Mr.  Wallis  would  assist  you?    A.  Yes. 

Q.  Sometimes  he  would  himself  go  through  the  digests?     A.  Yes. 

Q.  And  sometimes  he  would  find  something?     A.  Yes. 

Mr.  HiNKSON — You  answered  that  you  are  now  Librarian  of  the 
Supreme  Court.  You  have  some  knowledge  of  the  qualifications  of 
a  Librarian  in  a  department  of  that  kind?     A.  I  suppose  so.     Yes. 

Q.  State  what  in  your  judgment  are  Mr.  Wallis'  qualifications  as  a 
Librarian? 

Objected  to. 

Q.  From  ypur  experience  as  a  Librarian,  and  your  intercourse  with 
Mr.  Wallis  as  Librarian  of  the  State  Library,  and  from  your  obser- 
vation, what  is  your  opinion  of  him  as  to  his  qualifications  ? 

Mr.  HoLL  objected,  that  it  is  calling  for  the  opinion  of  the  witness. 
The  Trustees  must  derive  their  own  opinion. 

Trustee  Johnson — The  opinion  of  Mr.  O'Connor  is  not  competent; 
but  any  fact  that  he  knows  in  relation  to  it,  is  competent. 

Mr.  HiNKSON  excepted. 


Testimony  of  H.  C.  Finkler. 

Called  and  sworn  in  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?    Answer — In  San  Francisco. 
Q.  What  is  your  business?    A.  Bailiff  of  the  Supreme  Court. 
Q.  How  long  have  you  occupied  that  position  ?    A.  Since  April, 
1878. 

Competency  and  Deportment  of  Librarian. 

Q.  Have  you  known  Mr.  Wallis  during  that  period  ?    A.  Yes. 

Q.  What  has  been  the  extent  of  your  acquaintance  and  relations 
with  him  during  that  time?  A.  Favorable;  always  agreeable  and 
favorable. 

Q.  What  has  been  the  extent  of  your  acquaintance  with  him,  and 
your  business  relations,  if  any.  Have  you  been  in  the  library 
frequently  or  otherwise?  A.  When  the  Court  was  in  session  at  Sac- 
ramento I  had  occasion  to  see  him  every  day. 

Q.  Where?     A.  In  the  library. 

Q.  What  called  you  there  to  the  library?  A.  At  the  request  of  the 
Judges,  or  of  diff'erent  lawyers,  on  looking  after  books. 

Q.  You  went  there  to  get  books  for  the  Judges  and  attorneys?  A. 
Yes. 

Q.  To  whom  did  you  make  application  for  books  usually  ?  A.  To 
Mr.  Wallis. 

Q.  Did  he  furnish  you  with  the  books  desired?    A.  Yes. 


160 

Q.  State  with  what  alacrity  he  found  the  books  that  you  required? 
A.  I  do  not  know.     He  would  find  them. 

Q.  Did  he  find  tliem  readily ?     A.  Yes;  readily. 

Q.  What  was  the  character  of  the  books  that  you  called  on  him 
for  usually?  A.  Most  of  them  were  law  books;  sometimes  for  the 
Judges  there  would  be  some  literary  or  miscellaneous  books. 

Q.  Did  Mr.  Wallis  ever  make  any  selection  of  miscellaneousfcbooks 
for  the  Judges?  A.  Yes;  whenever  I  asked  for  miscellaneous  books 
for  the  Judges,  it  was  always  at  his  judgment  that  I  got  them. 

Q,.  According  to  his  judgment?     Yes. 

Q.  Did  you  ever  ask  him  to  make  a  selection  at  the  request  of 
the  Judges  ?    A.  Yes. 

Q.  How  often  did  that  occur?  A.  It  always  occurred  whenever  I 
went  there. 

Q.  About  how  many  times  ;  a  dozen  or  oftener,  or  less  ?  A.  There 
are  two  sessions  a  year  at  Sacramento,  and  it  was  every  time  I  went 
there ;  sometimes  I  went  there  once  for  one  Judge,  and  sometimes 
twice  for  one  Judge. 

Q.  Did  they  ever  express  any  dissatisfaction  at  the  selections  made  ? 
A.  No  ;  they  were  always  satisfactory. 

Q.  State  what  Mr.  Wallis'  conduct  was  with  reference  to  his  dignity 
and  deportment  towards  yourself  and  other  visitors?  A.  So  far  as  I 
could  see,  always  the  best  that  could  be  expected. 

Q.  Was  he  courteous  and  accommodating?  A.  Courteous,  accom- 
modating, and  gentlemanly. 

Q.  Did  you  ever  see  anything  to  the  contrary  in  his  actions?  A. 
No,  I  never  did. 

Cross-examiiiation. 

Mr.  HoLL — How  long  have  you  occupied  the  position  of  Bailiff  of 
the  Supreme  Court?    A.  Since  April,  1878. 

Q.  During  that  time  the  Court  has  held  but  two  sessions  a  year  at 
Sacramento  ?     A.  Yes. 

Q.  Of  about  from  two  weeks  to  three  weeks  at  a  time?  A.  About 
that ;  yes.     We  were  there  three  weeks  once. 

Q.  The  principal  business  as  Bailiff  of  the  Court  that  you  haye 
had  with  the  State  Library  has  been  to  go  there  and  get  such  books 
as  were  called  for,  either  by  the  Judges  or  by  attorneys  in  Court?  A. 
Yes. 

Q.  They  would  make  out  a  list  of  the  books  they  wanted,  and  you 
would  take  that  list  and  go  to  Mr.  Wallis  and  get  the  books.  Is  not 
that  so  ?  A.  Sometimes  there  was  an  exception  to  that,  and  they 
would  tell  me  to  ask  the  Librarian  for  all  the  books  on  that  subject, 
or  the  principal  works  on  that  subject. 

Q.  For  instance,  they  would  tell  you  to  tell  the  Librarian  to  send  all 
the  books  on  the  subject  of  promissory  notes,  or  any  other  subject  of 
the  law?     A.  Yes. 

Q.  It  would  be  in  that  way  ?     A.  Yes. 

Q.  They  would  name  the  subject  and  you  would  tell  him  to  send 
all  the  books  in  the  library  on  that  subject  ?     A.  Yes. 

Q.  Which  of  the  Judges  resorted  to  Mr.  Wallis  as  tlie  person  to 


161 

select  their  miscellaneous  literature?  A.  Judge  Ross  and  Judge 
McKinstry — that  is  all  that  I  remember  now. 

Q.  -What  kind  of  literature  would  he  select  for  the  Judges?  What 
sort  of  books  did  he  select  for  them?  A.  For  Judge  McKinstry  he 
selected  biographical  works  and  late  novels. 

Q.  What  biograi)hies  did  he  furnish  Judge  McKinstry  with?  A.  I 
never  looked  at  them. 

Q.  You  never  read  them?  A.  No;  I  saw  the  books  open  there  in 
his  room  during  his  leisure  hours,  and  I  saw  that  he  had  been  read- 
ing them. 

Q.  And  Judge  Ross — what  did  he  have?    A.  Sometimes  late  novels. 

Q.  He  runs  to  reading  novels?     A.  I  do  not  know. 

Q.  Now,  you  said  that  these  books  were  always  satisfactory;  tell  us 
how  you  know  that — that  the  selections  of  Mr.  Wallis  always  proved 
acceptable?  A.  I  presumed  so  from  the  fact  that  they  did  not  send 
them  back  and  tell  me  to  get  something  else. 

Q.  You  presumed  so  because  you  never  heard  them  say  anything 
about  it?     A.  No. 

Q.  You  never  heard  them  say  anything  about  Wallis'  selections 
being  good  or  bad,  or  being  well  selected  or  illy  selected,  and  you 
simply  presumed  so  because  they  did  not  send  them  back?  A.  They 
never  expressed  any  opinion  to  me. 


Testimony  of  George  C.  Perkins. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — You  reside  in  this  city?     Answer — My  place  of 
business  is  here;  I  reside  in  Oakland. 
Q.  You  were  formerly  Governor  of  this  State?    A.  Yes. 
Q.  During  what  period?    A.  From  1880  until  January',  1883. 

Competency  and  DejJortment  of  Librarian. 

Q.  Did  you  know  Mr.  Wallis  during  your  administration  as  the 
executive  officer  of  this  State?  A.  I  think,  during  that  time,  he  was 
Assistant  Librarian  and  also  State  Librarian. 

Q.  Did  you  have  business  with  him  during  that  period  in  his  offi- 
cial capacity?  A.  I  frequently  procured  books  from  the  librarj^  and 
often  visited  the  library. 

Q.  State  what  you  know  of  his  efficiency  and  qualifications  for 
that  position?  A.  Well,  I  know  nothing  of  his  special  C|ualifications, 
only  that  he  had  been  there  for  a  great  many  years,  and  I  assumed 
that  he  had  a  knowledge  of  authors  and  of  books. 

Q.  Have  you  ever  made  any  inquiries  in  regard  to  books,  and  have 
you  called  for  books,  so  as  to  give  you  an  opportunity  for  forming 
any  idea  as  to  his  ciualifications?  A.  Any  information  that  I  desired 
from  the  library,  or  an}'  books,  he  was  alwa^'s  ver}'  courteous  to  me 
and  furnished  them,  and  he  had  a  knowledge  of  their  places  appar- 
ently. 

21 


162 

Q.  I  will  ask  you  whether  or  not  3^011  have  not  frequently  taken 
visitors  to  the  librarj^  during  your  term  of  office?     A.  Yes. 

Q.  What  was  the  treatment  of  Mr.  Wallis  toward  yourself  and 
other  visitors?  What  was  his  conduct  with  reference  to  dignity  and 
courtesy  to  yourself  and  the  visitors  whom  you  took  there?  A.  I 
frequently  had  occasion  to  visit  the  library  and  introduce  visitors, 
and  there  were  times  when  Mr.  Wallis  was  present  and  times  when 
either  Mr.  Gunn  or  some  other  assistant  was  i^resent,  and  I  always 
received  every  courtesj'  from  Mr.  Wallis  or  his  assistants  in  the 
library. 

Q.  You  can  say  the  same  in  reference  to  visitors?  A.  Yes;  those 
that  accompanied  me,  certainly. 

Q.  Did  you  hear  any  complaint  from  anj'  of  the  visitors?  A.  I  do 
not  remember  of  ever  hearing  any  from  the  visitors.  I  do  not  remem- 
ber of  having  heard  any. 

Cross-examination. 

Mr.  HoLL — Did  you  ever  hear  the  subject-matter  of  his  general 
capacit\^  as  a  Librarian  spoken  of?     A.  Yes. 

Q,.  I  understood  you  to  say  that  when  you  inquired  for  books  such 
as  you  desired  to  take  from  the  library,  or  to  consult,  that  Mr.  Wallis 
knew  where  they  were  to  be  found?  A.  Yes;  I  have  no  complaint 
personally  to  make  of  Mr.  Wallis — he  was  always  willing  to  procure 
them  for  me. 

Q.  What  you  referred  to  was  that  he  knew  their  places  in  the 
library,  and  that  he  could  go  to  a  certain  part  of  the  library  and  there 
find  the  books  that  you  called  for?     A.  Yes. 

Q.  That  is  what  3^ou  mean  to  saj^?     A.  Yes. 

Q.  You  never  had  occasion  to  consult  him  about  any  general  mat- 
ters of  literature?  A.  I  think  not,  unless  it  was  on  one  or  two  occa- 
sions that  I  asked  him  if  he  could  give  me  authorities  on  matters  of 
penology,  and  anotlier  time  on  agriculture,  and  he  referred  me  to  a 
number  of  books,  and  to  books  in  the  library  treating  on  those  sub- 
jects. 

Q.  That  is  about  the  extent  of  your  knowledge  in  reference  to  the 
capacity  of  Mr.  Wallis?     A.  Yes.' 

Mr.  HiNKSOX — Do  you  remember  of  ever  consulting  him  in  refer- 
ence to  authorities  as  to  the  pardoning  power  of  the  Governor?  A.  I 
think  it  is  verj^  probable.  Mr.  Wallis  frec^uently  came  into  the 
office,  and  I  think  it  is  very  probable,  although  it  has  now  escaped 
my  mind.     It  is  very  probable  that  I  did. 

Q,.  I  will  ask  you  if  you  remember  of  his  furnishing  you  Hamil- 
ton's Federalist?    A.  Yes. 

Q.  Do  you  remember  how  he  came  to  furnish  it  to  you?  A.  I  do 
not.  It  has  escaped  my  mind  for  the  moment.  He  has  on  several 
occasions  furnished  me  books  that  I  asked  for. 

Q.  He  furnished  3'ou  books  on  matters  that  you  desired  to  investi- 
gate?   A.  Yes. 

Mr.  HoLL — You  are  ^'ourself  acquainted  with  the  contents  of  the 
Federalist?    A.  If  I  should  answer  in  the  affirmative  it  would  be 


163 

assuming:  a  grccat  deal.  I  have  read  it,  of  course,  and  we  all  know 
more  or  less  of  it,  but  to  saj^  that  I  am  familiar  with  all  of  its  con- 
tents, or  with  every  sentence  or  everv  i)arae;raph,  I  would  not  say 
that. 

Q.  You  know  the  subjects  that  are  there  treated  on  by  the  found- 
ers of  our  Government?     A.  Yes. 

Q.  You  are  familiar  with  the  general  subjects  upon  which  it  treats? 
A.  Yes;  I  have  it  in  my  private  library. 

Mr.  J.  S.  Wallis — At  the  time  that  you  consulted  w'ith  the  Libra- 
rian on  those  two  subjects,  did  he  speak  of  or  refer  to  any  authors 
upon  those  questions — agriculture  and  penology?  A.  I  think  there 
might  have  been  other  questions.  Mr.  Hart  was  in  my  office,  and 
generally  when  I  would  want  a  book,  I  would  ask  Mr.  Hart  to  get  it, 
and  then  I  would  give  a  memorandum  to  Mr.  Wallis  or  his  assistant 
of  the  books  that  I  required,  and  he  would  give  them  to  me. 

Q.  He  showed  a  knowledge  of  those  books  being  in  the  library,and 
where  they  were?  A.  Yes;  of  course,  I  knew  Mr.  Wallis  years  ago, 
when  he  was  the  assistant  in  the  library.  He  was  always  very  kind 
and  courteous  to  me. 

Mr.  HiNKSON — I  will  ask  you.  Governor,  if  you  remember  of  hav- 
ing discussed  or  expressed  an  opinion  in  reference  to  the  pardoning 
power  to  Mr.  Wallis,  and  whether  he  did  not,  in  support  of  that 
opinion,  produce  to  you  the  Federalist,  which  upon  examination  you 
found  conformed  to  your  views,  and  confirmed  them  on  that  ques- 
tion? 

Mr.  T.  H.  Walli* — I  came  into  the  office  one  morning,  and  you 
said:  "Mr.  Wallis,  we  have  a  discussion  here,  and  they  are  all 
against  me."  You  stated  the  proposition,  and  I  said:  "I  think  you 
are  right,  and  I  think  that  can  be  found  in  Hamilton's  Federalist;" 
and  I  went  up  and  got  it  and  read  it  to  you.  I  forget  exactly  what  it 
was. 

A.  It  was  a  daily  custom  of  mine,  that  if  Judge  Holl  or  Mr.  Hink- 
son,  or  any  one  else,  came  into  my  office,  and  if  there  was  any  ques- 
tion under  discussion,  I  always  liked  to  have  the  opinion  of  others; 
and  I  might  have  asked  Mr.  Wallis  fifty  questions,  but  at  this  time 
they  have  escaped  my  mind.  Whether  "the  opinion  he  gave  guided 
me  in  any  conclusion  that  I  came  to,  would  be  difficult  to  say, because 
I  w^anted  to  hear  all  that  I  could  on  any  subject;  and  frequentlj^  I 
have  asked  the  opinion  of  gentlemen  on  various  subjects.  I  never 
pretended  to  know  very  much  myself,  and  therefore  what  I  gathered 
from  others  I  felt  that  I  had  gained  that  much.  I  have  no  doubt 
that  I  have  asked  Mr.  Wallis  a  great  many  different  questions,  and 
he  was  always  very  courteous  in  giving  me  what  information  he  could. 

Mr.  Holl — You  have  known  Mr.  Wallis  in  the  library  for  a  con- 
siderable length  of  time — for  ten  or  twelve  years?     A.  Yes. 

Q.  During  that  time  have  you  learned  anything  about  Mr.  Wallis' 
general  knowledge  of  the  library?  A.  Of  course,  it  would  be  hardly 
fair  for  me 

Q.  From  your  discussions  or  conversations  with  him  in  reference 
to  literary  works  or  matters  of  science  or  general  information  or 
learning?     A.  Of  course,  Mr.  Hart,  as  you  are  aware,  w^as  a  rival  can- 


164 

didate  for  the  position.  He  was  in  my  office,  and  of  course  hearsay 
testimony  would  be  hardly  fair  for  me  to  give. 

Q.  I  am  not  trying  now  to  seek  to  get  your  opinion  founded  on  the 
hearsay  of  other  people.  A.  In  my  conversations  with  Mr.  Wallis  on 
all  subjects  I  found  him  very  intelligent  and  very  bright.  That  is 
my  own  judgment.  I  cannot  help  but  say,  that  on  very  many  subjects 
he  had  much  better  information  than  I  had,  and  I  therefore  asked 
him  his  opinion  about  those  matters.  Of  course,  if  I  am  to  answer 
on  hearsa}^  testimony  of  others  whether  he  is  competent 

Q.  Can  you  recall  to  your  mind  that  you  discussed  any  subject 
where  you  can  give  us  an  example  of  any  information  that  he  pos- 
sessed?    A.  I  cannot  at  this  time. 

Q.  Have  you  talked  with  him  on  any  scientific  subjects?  A.  I 
'have  talked  with  him  on  some  historical  matters,  and  he  has  given 
me  his  opinion  upon  them,  but  I  at  the  time  was  not  sufficient  histo- 
rian to  know  whether  he  was  correct,  and  to  verify  it. 


Testimony  of  Timothy  McCarthy. 

•  Called  and  sworn  for  the  defendant. 

Mr.  HiNKsoN — You  reside  in  this  city?    Answer — Yes. 

Q.  You  are  at  present  a  State  Senator  from  San  Francisco?  A. 
Yes. 

Q.  How  many  terms  have  you  served  in  the  Senate?  A.  I  have 
been  there  three  sessions — 1875-6,  1877-8,  and  the  last  session. 

Competency  and  Deportment  of  Librarian. 

Q.  Have  you  known  Mr.  Wallis  during  that  period?    A.  Yes. 

Q.  What  has  been  the  extent  of  your  acquaintance  wuth  him?  A. 
Well,  I  introduced  a  great  many  bills  in  the  Legislature,  and  I  had 
to  seek  information  in  drafting  those  bills,  and  I  had  to  get  authori- 
ties, and  I  applied  to  Mr.  Wallis,  and  he  has  supplied  me  Avith  the 
authorities  and  the  information.     That  is  about  all. 

Q.  How  did  you  find  him  in  reference  to  his  competency  to  furnish 
you  the  information?  A.  He  was  always  very  prompt.  I  would 
sometimes  send  from  my  seat  and  get  him  to  furnish  me  with  infor- 
mation, and  he  would  bring  it  to  me. 

Q.  You  named  the  subjects  and  he  furnished  you  the  authorities? 
A.  Yes. 

Q.  And  he  furnished  them  readily?  A.  Yes;  he  always  responded 
promptly,  and  I  found  him  always  willing  and  ready  to  come  in  and 
attend  to  us  when  we  could  not  go  to  the  library.  I  speak  for  myself 
now. 

Q.  You  visited  the  librarj^  very  frequently?  A.  Yes;  and  I  have 
taken  ladies  there. 

Q.  What  was  Mr.  Wallis'  conduct  with  reference  to  dignity'  and 
deportment  towards  yourself  and  other  visitors  there?    A.  Always 


165 

dignified — as  much  so  as  anybody  that  I  ever  met  with  in  any  position 
of  that  kind — and  courteous. 
No  cross-examination. 


Testimony  of  W.  H.  Sears. 

Called  and  sworn  on  behalf  of  defense. 

Mr.  HiNKSON — Where  do  you  reside?  Answer — At  San  Rafael,  in 
this  State. 

Q.  You  are  an  attorney  at  law  by  profession?    A.  Yes. 

Q.  Your  place  of  business  is  in  this  city?    A.  At  306  Pine  Street. 

Q.  You  were  one  of  the  State  Senators  from  your  county  during 
what  sessions  of  the  Legislature?     A.  1880  and  1881. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wallis,  the  State  Librarian?     A.  Yes,  I  do. 

Q.  How  long  have  you  known  liira?  A.  I  have  known  him  five 
or  six  years,  and  perhaps  longer. 

Q.  State  whether  or  not  you  visited  the  library  frequently  during 
the  session  of -the  Legislature  when  you  were  a  member?  A.  Yes; 
while  I  was  a  member  of  the  Senate  I  was  there  very  often. 

Q.  Were  you  present  during  the  session  of  the  last  Legislature, 
and  during  the  Constitutional  Convention  also?  A.  I  was  present 
during  a  portion  of  the  last  session  as  the  attorney  for  the  officers  of 
the  State  Prison. 

Q.  Did  you  visit  the  library  frequently  during  that  time?  A. 
Yes;  quite  often. 

Q.  Have  your  visits  there  been  frequent  at  other  times  during  the 
past  ten  years?  A.  Well,  I  have  occasionally  been  at  Sacramento, 
and  I  have  had  occasion  to  visit  the  library. 

Q.  Have  you  had  opportunities  to  form  an  opinion  as  to  the  quali- 
fications of  Mr.  Wallis  for  that  position  ?     A.  I  think  so. 

Q.  State  what  those  opportunities  have  been?  A.  Well,  I  always 
found  Mr.  Wallis  a  very  courteous,  efficient,  and  competent  person 
as  Librarian. 

Q.  Llave  you  ever  visited  the  library  in  company  with  friends  and 
other  visitors?     A.  Yes,  frequently. 

Q.  What  was  Mr.  Wallis'  conduct  with  reference  to  dignity  and 
courtesy  to  yourself  and  other  visitors  on  tliose  occasions?  A.  It 
was  always  very  good.  Mr.  Wallis  was  Deputy  Librarian,  I  think,  the 
first  session  of  1880. 

Q.  I  will  ask  you  if  you  ever  sought  any  information  from  Mr. 
Wallis  in  reference  to  any  matters  on  which  you  desired  autiiorities? 
A.  Yes,  frequently. 

Q.  What  was  the  result  of  your  request?     A.  In  fact,  most  always  ^ 
when  I   wanted  any  authorities  from  the  library  I  would  ask  Mr. 
Wallis  for  them.     I  found  him  very  efficient,  and  he  would  immedi- 
ately lay  his  hands  upon  them  and  supply  me  with  anything  out  of 


166 

the  Law  Library  that  I  needed.  The  miscellaneous  library  I  did 
not  use  much. 

Q.  I  will  ask  you  whether  or  not  you  ever  sought  matters  upon 
wdiich  you  wanted  authorities  without  naming  them,  where  he  has 
furnished  them  to  you  ?  A.  Yes,  frequently.  I  would  say  to  him 
that  I  wanted  authorities  on  a  certain  subject,  and  he  would  always 
supply  them  in  a  very  short  time. 

Mr.  J.  S.  Wallis — Have  you,  during  the  period  that  you  speak  of, 
visited  the  library  out  of  its  usual  office  hours  for  tlie  purpose  of 
obtaining  information  from  the  library  ?  A.  Yes;  I  have  been  there 
as  late  as  midnight,  and  Mr.  Wallis  has  often  let  me  take  his  key  to 
go  into  the  library  and  remain  there  as  long  as  I  wished. 

Q.  And  out  of  those  office  hours  has  he  rendered  you  any  assistance 
himself?     A.  Very  often. 

Q.  And  he  never  complained?  A.  He  never  complained,  and 
he  never  refused  me  a  favor  in  regard  to  the  library. 

Cross-examination. 

Mr.  HoLL — Your  business  in  the  library  has  been  principally  in 
the  law  department?     A.  Yes. 

Q.  Now,  in  that  department,  what  assistance  did  you  have  occa- 
sion to  have  from  Mr.  Wallis?  What  assistance  did  you  ask  him 
for,  or  in  what  manner  did  he  serve  you  ?  A.  For  instance,  I  would 
want  some  authorities  upon  some  Act  that  was  before  the  Legisla- 
ture, or  some  law  on  some  subject,  and  I  would  go  to  Mr.  Wallis,  and 
he  would  invariably  furnish  them  in  a  very  short  time. 

Q.  Can  you  give  us  some  general  idea  as  to  that,  b3''  giving  us  an 
example  referring  to  any  particular  occasion? 

Mr.  HiNKSON — I  will  make  a  suggestion.  Do  you  remember  of 
asking  him  to  find  authorities  on  the  question  of  taxation  during  the 
Constitutional  Convention?  A.  I  had  nothing  to  do  with  the  Con- 
stitutional Convention. 

Q.  During  the  session  of  the  Legislature,  I  mean,  on  the  question 
of  the  constitutionality  of  a  question  of  taxation?  A.  Yes;  I  remem- 
ber that  question  was  up  quite  often,  and  I  very  often  went  to  Mr. 
Wallis  and  asked  him  for  authorities  upon  that  question,  and  he 
furnished  me  with  different  authorities,  and  I  remember  that  on  sev- 
eral occasions  he  furnished  me  with  the  briefs  of  attorneys  that  had 
been  filed  in  tax  cases,  and  they  afforded  me  a  great  deal  of  infor- 
mation. 

Mr.  HoLL — He  would  furnish  you  with  Black  well  on  Tax  Titles? 
A.  Yes;  and  Cooley  on  Constitutional  Law. 

Q.  And  Cooley  on  Taxation?    A.  Yes. 

Q.  With  those  matters  he  seemed  to  have  some  familiarity,  suffi- 
cient to  serve  you  in  the  capacity  that  you  required?  A.  He  seemed 
to  be  very  familiar,  indeed,  with  all  the  books  in  the  Law  Library,  so 
far  as  I  had  occasion  to  use  any  of  them. 

Q.  That  is,  a  readiness  to  find  the  books  and  to  furnish  them  to 
you?  A.  Yes;  and  also  a  knowledge  of  the  authorities  that  were  in 
the  various  books. 


167 

Q.  When  you  would  require  authorities  on  any  given  subject,  you 
would  ask  him  to  look  up  tiic  authorities  and  to  furnish  them  to  you? 
A.  Very  often  I  would. 

Q.  And  in  that  way  lie  would  find  the  works  of  elementary  writers 
who  treated  on  that  subject,  or  decisions  that  had  been  rendered  on 
that  subject?    A.  Yes. 

Q.  And  he  would  furnish  them  to  you?     A.  Yes. 

Q.  Now,  any  lawyer's  clerk  could  do  that  very  readily,  could  he 
not?  A.  I  think  you  will  find  very  few  lawyers'  clerks  that  have  a 
general  knowledge  of  the  majority  of  the  law  books  that  are  in  the 
library. 

Q,.  That  is  because  they  are  not  in  the  library?  A.  It  is  a  very 
large  library,  and  lawyers  generally  are  too  impecunious  to  have 
such  a  large  library. 

Mr.  J.  S.  Wallis — In  your  intercourse  with  him  did  not  you  find 
that  he  had  a  general  knowledge  of  the  law  as  well  as  of  the  author- 
ities and  of  the  books?  A.  He  seemed  to  have  the  faculty  of  having 
a  knowledge  of  the  application  of  authorities  to  principles  of  law. 

Q.  Therefore  it  was  not  that  mere  mechanical  knowledge  that  a 
certain  book  was  in  a  certain  place,  and  written  by  a  certain  author, 
and  on  a  certain  subject?  A.  No;  it  was  not  that  alone.  He  seemed 
to  have  a  knowledge  to  apply  the  authority  to  the  principle. 


Testimony  of  David  McClure. 

Called  and  sworn  on  behalf  of  defense. 

Mr.  HiNKSON — Where  do  you  reside?  Answer — At  the  Occidental 
Hotel,  in  San  Francisco. 

Q.  What  is  your  profession?     A.  Lawj'^er. 

Q.  You  are  one  of  the  State  Senators  at  present,  from  San  Fran- 
cisco?   A.  Yes;  I  am  a  Senator  from  the  Tenth  District. 

Q.  You  have  been  a  member  of  the  Legislature  for  the  last  few 
years?  A.  Yes;  I  have  been  a  member  of  the  Legislature  since  1880, 
I  think. 

Competency  and  Deportment  of  Librarian. 

Q.  During  that  period  have  you  known  Mr.  Wallis,  the  State 
Librarian?    A.  Yes. 

Q.  Have  you  had  occasion  to  visit  the  library  in  an  official  capac- 
ity ?    A.  Yes,  I  have  frequently. 

Q.  Will  you  state  what  you  know  with  reference  to  his  qualifica- 
tions for  that  position?  A.  Well,  as  to  his  qualifications  I  do  not 
know 

Q.  State  from  your  observation  and  experience?  A.  I  do  not 
know  that  I  can  state  the  necessary  qualifications  for  a  Librarian. 

Q.  I  have  reference  to  these  facts  :  Whether  or  not  you  have  had 
occasion  to  call  on  him  for  books  or  authorities  upon  any  question 
of  law,  or  anything  of  that  kind,  and  if  he  furnished  it  to  you  and 
responded  to  your  request,  and  with  what  alacrity  ?    A.  As  I  said 


168 

before,  I  have  had  occasion  to  visit  the  library  very  frequently,  not 
only  during  the  time  that  I  was  a  member  of  the  Legislature  since 
1880,  but  at  every  session  of  the  Legislature  for  some  four  or  five 
years  previous,  as  an  attorney.  I  was  a  frequent  visitor  to  the  library 
before  I  was  a  member  of  the  Legislature,  and  since,  and  I  always 
found  Mr.  Wallis  and  his  assistants  certainly  very  attentive  and  very 
efficient.  I  have  had  occasion  to  go  in  there  and  leave  a  list  of 
authorities  that  I  desired  to  be  looked  up,  and  often  when  I  was 
busy,  and  very  much  engaged,  I  would  leave  a  syllabus,  as  I  might 
say,  or  the  head  notes  of  some  proposition  that  I  desired  to  investi- 
gate, and  his  assistants  have  kindly  looked  the  authorities  up  for  me 
on  those  questions. 

Q.  Have  you  ever  submitted  questions  to  him  upon  which  he  has 
furnished  you  authorities?  A.  That  is  what  I  have  endeavored  to 
say  now.  I  frequently  was  so  bus}'  during  the  last  Senate  especially, 
watching  the  Democratic  majority,  that  I  did  not  have  time  to  look 
up  tlie  digests  myself,  and  I  would  leave  the  questions  and  ask  the 
clerks  to  look  them  up  for  me,  and  they  would  furnish  me  the 
authorities. 

Q.  With  what  facility  would  Mr.  Wallis  furnish  you  authorities  on 
those  occasions?  A.  He  seemed  to  furnish  them  with  great  facility, 
and  I  always  found  the  authorities  very  efficient. 

Q.  What  has  been  Mr.  Wallis'  conduct,  with  reference  to  deport- 
ment and  dignitj'  and  courtesy,  towards  yourself  and  other  visitors? 
A.  It  seemed  to  me  that  his  deportment  was  all  that  could  be  asked 
from  any  one  in  a. library  ;  it  was  certainly  so  to  me.  I  never  met 
with  anything  but  every  courtesy  that  could  be  extended  to  a  Sena- 
tor, and  to  a  representative  when  I  was  in  the  Assembly.  In  every 
way  he  seemed  to  be  painstaking. 

Q.  Did  he  ever  make  any  selection  of  any  literary  works  in  the 
library  for  you  ?  A.  It  seems  to  me  that  he  did  ;  it  seems  to  me  that 
on  two  or  three  occasions  I  asked  for  some  references,  but  of  course 
I  cannot  say  positively  now,  but  I  think  so.  I  think  on  two  occa- 
sions I  asked  him  to  look  up  some  literary  matters,  but  I  do  not 
know  now,  of  course,  as  I  have  been  running  along  and  have  had  a 
great  many  things  on  my  mind. 

Q.  Did  he  furnish  those  books  with  equal  facility  as  the  others? 
A.  They  were  furnished  ;  I  assume  that  they  were  furnished  with 
facility,  because  they  were  furnished  at  the  time  I  asked  for  them. 

Cross-examination. 

Mr.  HoLL — You  were  Chairman  of  the  Judiciary  Committee  of  the 
last  session?  A.  I  was  not  the  last  session  ;  Senator  Cross  was  Chair- 
man of  the  Judiciary  Committee  last  session.  I  liave  been  Chairman 
of  the  Judiciary  Committee  of  the  House,  and  I  was  a  member  of 
the  Judiciary  Committee  last  session. 

Q.  Last  year  your  time  was  pretty  much  occupied  on  the  floor  of 
the  Senate?     A.  Yes;  I  believe  I  was  always  in  my  seat. 

Q.  In  what  particular  was  the  efficiency  of  Mr.  Wallis  shown  to 
you?    A.  Well,  in  this  way :  I  found  that  every  facility  was  furnished 


1G9 

me  in  the  library  for  obtaining  the  authorities  that  I  desired,  and  I 
found  in  addition  to  that  that  he,  throu<j;h  his  assistants  and  under 
his  own  directions,  afforded  me  an  opportunity  to  have  the  author- 
ities selected  when  I  was  otherwise  engaged.  That  is  to  say,  I  recol- 
lect of  more  than  one  occasion  that  I  said  to  him:  "I  would  like  to 
have  you  look  up  authorities  for  me;"  and  I  wanted  them  the  next 
morning,  and  in  halt  an  liour  or  tiiree  quarters  of  an  hour  before  the 
Senate  convened,  I  would  go  into  the  library,  and  1  "would  find  my 
authorities. 

Q.  Do  you  know  who  looked  them  up?  A.  No;  I  do  not,  but  I 
know  that  Mr.  Wallis  always  undertook  to  have  them  looked  up. 

Q.  You  do  not  know  whether  he  himself  did  it,  or  whether  he 
employed  some  one  that  was  more  familiar  with  the  subject  than  he 
was?  A.  Certainly  I  could  not  say  that,  because  I  was  not  personally 
present. 

Q.  You  would,  for  instance,  want  information  on  a  given  subject, 
and  you  would  want  to  know  what  the  text  \vriters  had  said  or  the 
Courts  had  decided  on  a  given  point,  and  you  would  give  him  the 
point?  A.  I  would  give  him  the  line  which  I  desired  to  have  looked 
up. 

Q.  He  was  able  to  furnish  you  what  the  text  writers  had  written 
or  what  the  Courts  had  decided  on  that  subject?     A.  Yes. 

Q.  Whether  he  looked  it  up  himself,  or  got  his  assistants  to  look  it 
up,  you  do  not  know?  A.  I  only  know  this:  1  recollect  particularly 
on  three  different  occasions  when  I  was  in  considerable  of  a  straight, 
and  I  said  to  him  I  would  like  to  have  something  on  propositions 
looking  in  these  directions,  and  he  said:  "All  right,  McClure,"  or 
"Senator" — whatever  he  addressed  me — "I  will  look  it  up."  When 
I  came  there  in  the  morning,  I  foond  those  authorities.  That  is  all 
that  I  can  say. 

Q.  Can  you  recur  to  any  matters  outside  of  the  law  that  you  applied 
to  him  for?  A.  The  only  particular  matter  that  I  applied  to  him  for 
was  with  reference  to  the  State  Prison  fight.  The  charge  was  made  by 
Senator  Reddy,on  the  floor,  that  it  never  had  been  known  in  a  legis- 
lative body  where  such  testimony  had  been  printed.  The  position 
I  took  was  that  the  testimony  that  had  been  taken  before  the  com- 
mittee was  at  the  Clerk's  desk,  and  that  we  had  no  opportunity  to 
read  it,  and  I  claimed  that  it  should  be  printed.  Senator  Reddy 
took  issue  with  me,  and  he  alluded  to  the  Credit  Mobilier,  and  I 
asked  Mr.  Wallis  whether  he  could  not  produce  the  record  of  that 
case,  and  he  did  it  in  fifteen  minutes. 

Q.  He  looked  over  the  Congressional  Globes?  A.  I  do  not  know 
where  he  looked,  but  he  brought  it  to  me.  He  brought  me  the 
printed  testimony  that  Senator  Reddy  said  had  never  been  printed. 

Q,.  What  else?  A.  Well,  in  the  same  connection  he  brought  me 
a  great  number  of  references  that  I  did  not  have  occasi'on  to  use  on 
the  floor  of  the  Senate,  but  if  necessary  I  could  have  used  them. 

Q.  Now,  you  are  a  man  who  pursues  literature  to  some  extent. 
Did  you  ever  have  occasion  to  discuss  general  subjects  of  literature 
with 'Mr.  Wallis?     A.  No;  I  never  did. 

22 


170 

Q.  Do  you  know  anything  about  his  information  in  reference  to 
general  literature?     A.  No,  I  do  not. 

Q.  Did  you  ever  talk  with  him  about  the  British  poets?     A.  No. 

Q.  Or  the  historians?     A.  No. 

Q.  Upon  matters  of  general  literature,  then,  you  do  not  know  what 
his  knowledge  is?     A.  No. 

Q.  Whether  he  knows  anything,  or  knows  nothing?  A.  No;  of 
my  personal  knowledge  I  cannot  say. 

Mr.  HiNKSON — Did  Mr.  Wallis  ever  render  you  any  assistance  in 
furnishing  you  autliorities  when  j'ou  were  in  the  library  at  work  on 
any  proposition  or  question  of  law?  A.  Yes;  he  did  quite  frequently. 
I  had  occasion  a  number  ol  times  to  be  in  the  library  and  to  prepare 
authorities,  and  he  would  assist  me  in  finding  the  authorities  per- 
sonally.    He  did  that  on  several  occasions. 

Mr.  J.  S.  Wallis — When  you  made  those  applications  to  him  did 
he  generally  show  a  ready  knowledge  of  the  subject-matter  and  the 
authors,  as  well  as  of  the  books  and  whether  they  were  in  the  library 
or  not?  A.  "Well,  of  course,"  he  would  say,  "that  is  all  right,  Sena- 
tor; I  will  find  them  for  you."  And  I  recollect  on  two  occasions  that 
I  was  in  doubt  whether  I  could  find  some  references  in  the  library, 
and  he  said  they  were  in  the  library,  and  I  was  surprised  that  they 
were,  and  they  were  found  for  me. 

Q.  What  I  meant  to  convey  to  your  mind  was,  did  he  show  a 
knowledge  that  it  existed  in  the  library  and  was  within  his  reach,  or 
did  he  exhibit  any  doubt  about  it?  A.  He  showed  me  this:  that  he 
had  a  knowledge  of  what  the  library  could  produce.  That  is  what 
he  showed  to  me.     . 

Q.  You  generally  received  what  you  asked  for?  A.  He  understood 
what  the  library  contained.  If  I  would  ask  him  whether  or  not  I 
could  find  an  authority  or  reference  on  any  particular  matter  in  the 
library,  he  would  say  that  it  Avas  in  the  library,  and  he  would  have 
it  looked  up  for  me.  Of  course,  I  could  not  say  who  looked  it  up. 
He  seemed  to  understand  what  the  library  contained,  and  I  did  not, 
of  course. 

Mr.  HoLL — You  had  not  been  there  for  twelve  j'ears?  A.  No;  I 
knew  what  I  wanted  and  I  was  trying  to  find  it. 

Q,.  Those  matters  pertained  to  the  law  department?  A.  Princi- 
pally to  the  law  department.  I  do  not  know  but  what  I  had  occasion 
twice  to  look  up  some  constitutional  matters  with  reference  to  debates 
that  had  taken  place  in  constitutional  conventions  of  other  States, 
but  I  believe  I  never  had  occasion  to  use  those  references,  but  they 
were  looked  up  for  me  in  the  library. 


Testimony  of  C.  W.  Cross. 

Called  and  sworn  for  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?    Answer — In  Nevada  City, 
California. 


171 

Q.  You  are  at  present  a  State  Senator  from  Nevada  County?  A. 
Yes;  I  am. 

Q.  Were  you  a  member  of  the  Constitutional  Convention  also?  A, 
Yes;  I  was  of  the  Convention  of  1879. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wallis,  the  State  Librarian?     A.  Yes. 

Q.  How  long  have  you  known  him?  A.  I  haye  known  him  ever 
since  he  has  been  State  Librarian. 

Q.  Have  .you  had  any  opportunity  of  knowing  his  qualifications 
for  that  position?  A.  I  had  opportunity  enough  so  that  I  have 
formed  an  opinion  about  the  matter. 

Q.  Will  you  state  what  your  intercourse  has  been  with  him  in  his 
official  capacity? 

Mr.  HoLL — Do  not  give  us  any  opinion. 

A.  I  would  like  to  answer  such  questions  as  are  not  objectionable 
to  either  side,  if  I  can,  although  I  know  that  I  have  no  option  except 
to  answer  such  questions  as  are  put  to  me. 

M!'.  Hinkson — We  want  your  knowledge  as  to  his  qualifications? 
A.  I  can  state  that  ever  since  Mr.  Wallis  has  been  Librarian,  and 
even  before,  I  have  been  in  the  habit  of  visiting  the  State  Library 
from  time  to  time,  especially  for  the  purpose  of  looking  up  difficult 
law  questions,  and  I  have  sometimes  spent  several  days  in  succession 
in  the  law  department  of  tlie  State  Library.  At  such  times  I  have 
been  in  the  habit  of  meeting  ^Ir.  Wallis,  as  State  Librarian,  and  I 
have  had  occasion  to  make  inquiry  of  him  in  connection  with  that 
department  of  the  State  Library  in  particular.  During  the  sessions 
of  the  Supreme  Court  at  Sacramento  I  am  usually  in  attendance  a 
considerable  portion  of  each  term,  and  I  have  spent  some  time  in 
the  State  Library.  During  the  session  of  the  Constitutional  Con- 
vention, and  also  during  the  last  session  of  the  Legislature,  I  spent 
a  good  deal  of  time  nights  in  the  State  Library.  In  the  other 
department  I  have  had  occasion  to  go  there  to  read  sometimes  for 
half  a  day  or  a  day  at  a  time,  and  have  used  books  and  have  referred 
to  books  even  in  other  languages  besides  the  English  language,  and 
I  needed  some  assistance  to  find  them.  I  have  gone  to  the  library 
twice  to  examine  different  editions  of  popular  authors,  with  a  view 
of  purchasing,  so  as  to  know  what  editions  to  buy.  The  last  time,  I 
believe,  was  after  this  investigation  commenced.  I  went  to  examine 
different  editions  of  Thackeray's  works,  for  the  purpose  of  purchas- 
ing a  set.  I  think  that  would  cover  my  experience  with  Mr.  Wallis 
as  Librarian.  I  had  occasion  once  to  examine  a  medical  question 
which  was  quite  intricate.  I  could  not  get  the  information  that  I 
wanted  from  any  physician  in  my  vicinity,  and  I  spent  two  days  at 
the  State  Library  and  Mr.  Wallis  assisted  me,  and  so  did  Miss 
Patton,  in  finding  the  works  that  I  heeded. 

Q.  What  assistance  did  Mr.  Wallis  render  you  on  that  occasion? 
A.  I  knew  almost  nothing  about  medical  works,  and  I  stated  to  Mr. 
Wallis  generally  the  nature  of  the  question  that  I  desired  to  inves- 
tigate.    It  was  in  connection  with  a  criminal  case  that  I  was  about 


172 

to  try.  Mr.  Wallis  went  Math  me  to  the  upper  alcove  and  opened  a 
case  for  me,  and  showed  me  two  sets  of  books  which  he  said  would 
cover  the  subject,  and  from  one  of  the  sets  he  selected  a  volume 
which  I  perused,  and  found  the  subject  very  fully  treated. 

_Q.  In  the  law  department  did  you  have  any  opportunity  of  ascer- 
taining his  knowledge  of  the  subjects  treated  upon  in  the  different 
books?  A.  Mr.  Wallis'  assistance  in  the  law  department  has  been 
this  to  me:  to  find  me  the  books  that  I  wanted.  In  so  large  a  library 
a  man  could  go  there  and  hunt  a  great  while  and  not  find  the  books 
that  he  wanted.  He  might  have  references  to  ten  or  twenty  or  more 
volumes,  and  he  could  not  find  those  volumes  unless  the  Librarian 
or  the  assistant  assisted  him.  I  remember,  on  one  occasion  in  par- 
ticular, when  I  had  abbreviations  of  some  old  English  books,  and  I 
did  not  know  what  the  abbreviations  stood  for,  and  1  showed  them 
to  Mr.  Wallis,  and  he  told  me  what  they  were  and  brought  me  the 
books  and  laid  them  on  one  of  the  tables. 

•  Q.  Did  he  seem  to  have  a  knowledge  of  the  abbreviations?  A.  He 
seemed  to  have  a  good  knowledge  of  the  names  of  law  books,  and 
especially  of  the  old  English  reporters,  the  class  of  books  that  I  had 
then  occasion  to  cons  alt.  • 

Q.  Have  you  ever,  in  the  library,  discussed  any  particular  subjects 
with  Mr.  Wallis  on  which  he  has  furnished  you  the  authorities?  A. 
We  have  discussed  legal  questions,  but  I  never  asked  Mr.  Wallis,  that 
I  remember  of,  to  furnish  me  any  authorities. 

Q.  Did  ho  ever  do  so  voluntarily?  A.  I  cannot  remember.  He 
often  said  to  me,  "If  there  is  anytli^ng  that  you  want,  and  do  not 
know  where  to  find  it,  let  me  know." 

Q.  What  has  been  his  general  conduct  there  with  reference  to  dig- 
nity and  deportment  and  courtesy  towards  yourself  and  other 
visitors  ?  A.  To  me  he  has  been  attentive  and  courteous,  and  what 
I  would  call — I  do  not  know  what  else  to  call  it — well-bred.  A  num- 
ber of  times  during  the  session  of  the  Legislature — three  times  when 
I  had  some  intricate  questions  to  look  up,  and  I  could  not  go  there 
within  the  hours  that  the  library  was  kept  open,  on  one  of  those 
occasions  Mr.  Wallis  remained  with  me  in  the  library,  and  kept  the 
library  open  until  something  after  twelve  o'clock  at  night ;  and  on 
another  occasion  he  met  with  me  and  opened  the  library,  and  took 
me  into  the  library  on  Sunday,  as  I  had  some  work  that  was  pressing 
me.  On  the  third  occasion  he  directed  one  of  his  deputies,  Mr.  Gunn 
I  think,  to  remain  with  me  in  the  library  as  long  as  I  chose  to  stay, 
and  Mr.  Gunn  remained  with  me. 

Q.  Do  you  remember  to  have  discussed  with  Mr.  Wallis,  at  different 
times,  questions  of  law  ?  A.  At  different  times  when  I  have  been  in 
the  Law  Library,  some  legal  questions  arose  which  would  be  dis- 
cussed among  those  present  in  the  library,  and  Mr.  Wallis  would, 
when  it  seemed  proper,  participate  in  those  discussions.  I  never 
saw  him  when  he  appeared  to  lead  such  discussions. 

Q.  Did  he,  from  those  discussions,  seem  to  have  a  proper  knowl- 
edge of  the  application  of  the  principles  to  the  subjects?  A. 
Yes  ;  once  I  remember  that  he  got  some  books,  and  set  Judge  Belcher 
and  myself  right  on  a  question  that  we  were  examining  into. 


173 

Cross-examination. 

Mr.  HoLL — Senator  Cross,  I  did  not  exactly  understand  in  what 
■\vay  Mr.  Wallis  served  you  in  selecting  a  proper  edition  of  Thackeray's 
novels?  A.  The  i)articular  thing  that  I  wanted  to  find  out,  the  main 
thing,  was  to  get  the  edition  of  Thackeray  which  had  the  illustrations 
which  Thackeray  himself  designed.  I  had  seen  different  editions  of 
Thackeray  which  were  very  similar,  except  in  the  matter  of  the  illus- 
trations. 

Q.  What  service  did  he  render  you  in  and  about  that  matter?  A. 
He  took  me  into  the  department,  to  one  of  the  alcoves  nearly  straight 
ahead  as  you  enter  the  main  entrance  of  the  library,  and  in  the  lower 
part  of  that  alcove  were  different  editions  of  Thackeray,  and  I  told 
him  what  I  wanted,  and  he  showed  me  the  different  editions,  and  he 
said,."This  is  the  edition  which  has  Thackeray's  illustrations,  and 
only  Thackeray's  illustrations."  That  is  the  substance  of  what  he 
said,  and  then  he  showed  me,  I  think,  other  editions,  one  of  which, 
my  recollection  is,  was  not  illustrated  at  all,  and  the  other  was  much 
more  })rofusely  illustrated  than  the  edition  in  which  the  illustrations 
were  drawn  by  Thackeray  himself. 

Q.  In  other  words,  he  showed  you  the  different  editions  of  Thack- 
eray?   A.  He  did. 

Q.  That  is  about  the  extent  of  the  business  in  that  connection? 
A.  Yes,  that  is  what  I  wanted.  I  did  not  ask  him  for  anything 
more. 

Q.  I  do  not  want  to  be  inquisitive,  but  I  would  like  to  know  the 
medical  subject  that  you  examined  in  the  library?  A.  I  had  a  case 
which  i)ivolved  the  question  whether  a  man  had  contracted  a  secret 
disease  from  his  wife  or  from  somebody  else.  The  question  related 
to  a  family  of  some  prominence,  and  there  were  large  property  inter- 
ests depending  on  it,  and  I  was  ver^'-  desirous  to  obtain  exact  knowl- 
edge on  the  subject. 

Q.  He  seemed  to  understand  the  subject?  A.  I  went  to  the  library 
and  told  Miss  Patton  that  I  wished  to  see  some  medical  works.  She 
told  me  where  they  were,  and  gave  me  the  key,  and  I  went  up  to  the 
room;  but  I  was  not  at  all  acquainted  with  medical  authors,  and  I 
went  back  down  stairs,  and  not  desiring  to  broach  such  a  subject  to  a 
lady,  I  went  to  Mr.  Wallis,  who  went  with  me  to  the  alcove  where 
the  medical  w^orks  were,  and  there  were  two  sets  of  books,  which 
were  arranged  something  like  a  lexicon  or  encyclopedia.  One  of  the 
sets  was  quite  fully  illustrated.  He  selected  a  volume  which  treated 
on  that  class  of  subjects,  and  in  that  volume  I  found  what  I  wanted. 
I  suppose  I  might  have  groped  around  the  library  for  a  week,  myself, 
and  not  found  that  volume. 

Q.  In  the  law  librarj'  you  say  you  have  not  had  occasion  to  call 
upon  him  very  frequently,  except  in  the  matter  of  abbreviations? 
A.  I  did  not  know  that  a  man  had  the  right  to  ask  the  Librarian  for 
any  assistance  in  the  preparation  of  a  case,  or  to  look  up  points,  and 
consequently  the  only  assistance  I  have  asked  of  Mr.  Wallis  was 
either  to  get  me  the  books,  or  to  show  me  where  I  could  find  such 
and  such  books,  or  to  tell  me  what  the  abbreviation  meant. 


174 

Q.  You  do  not  understand  that  a  Librarian  is  put  there  to  assist 
attorneys  in  making  up  their  briefs?  A.  No;  I  do  not.  I  should 
consider  that  a  mere  matter  of  favor. 

Q.  As  to  this  matter  of  abbreviations,  there  are  works  which  will 
explain  the  abbreviations  in  the  library  itself — books  that  will  give 
you  the  full  meaning  of  them?  A.  Yes;  even  catalogues  of  law 
books  by  large  publishing  houses  will  do  so. 

Q.  It  is  an  easy  matter,  when  you  get  the  right  book,  to  ascertain? 
A.  Yes;  the  first  time  I  was  stalled  I  had  the  abbreviation,  "First 
Mod."  I  suppose  a  better  lawyer  than  I  am  would  know  just  what 
that  stood  for.  I  asked  Mr.  Wallis,  and  he  brought  me  the  volume 
in  reply  to  my  question. 

Q.  I  understood  you  to  say  that  you  are  a  Senator.  Are  you  one 
of  the  hold-overs?  A.  I  was  elected  from  an  even  numbered  dis- 
trict— Number  Twenty-four. 

Q.  Do  the  Senators  from  those  districts  hold  over?  A.  In  my 
opinion  they  do.     In  my  opinion  they  all  do. 


Testimony  of  J.  H.  Craddock. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSox — Where  do  you  reside?  Answer — My  residence  at 
present  is  at  Marysville,  Yuba  County.  I  formerlj^  resided  at  Yuba 
City,  in  Sutter  County. 

Q.  You  are  an  attorney  at  law  by  profession?     A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wallis,  the  State  Librarian?     A.  Yes;  I  do. 

Q.  How  long  have  you  known  him?  A.  Well,  for  a  number  of 
years — indefinitely.     I  should  saj''  perhaps  four  or  five  years. 

Q.  Have  you  visited  the  library  frequently  during  that  time?  A. 
Well,  occasionally.  I  could  not  say  that  I  have  been  a  frequent  vis- 
itor there.  I  have  been  there  more  or  less  during  Mr.  Wallis' 
incumbency. 

Q.  Have  you  had  any  business  with  Mr.  Wallis  in  an  official  capac- 
ity? A.  Yes;  I  have  gone  there  to  examine  questions  of  law,  and 
have  called  upon  him  to  furnish  me  with  books  on  the  questions  that 
I  had  under  examination. 

Q.  During  your  visits  to  the  library  what  was  Mr.  Wallis'  conduct 
with  reference  to  dignity  and  deportment  and  courtesy  to  yourself 
and  other  visitors?  A.  Well,  I  have  always  found  Mr.  Wallis  verj^ 
courteous  and  very  prompt  to  furnish  me  with  any  authorities  that 
I  desired  to  examine. 

No  cross-examination. 


175 

Testimony  of  \V.  A.  Beck. 

Called  and  sworn  on  behalf  of  defense. 

Mr.  IIiXKSON — Where  do  you  reside?  Answer — In  .San  Francisco, 
at  present. 

Q.  You  were  formerly  Dei)uty  Secretary  of  State  under  Hon.  Thos. 
Beck?     A.  I  was. 

Q.  For  four  years?    A.  Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wall  is,  the  State  Librarian?    A.  I  do. 

Q.  How  long  have  you  known  him?  A.  Well,  I  became  acquainted 
with  him  shortly  after  going  into  office  at  Sacramento. 

Q.  Have  you  had  frecjuent  business  transactions  with  him,  and 
had  you,  during  your  term  of  office?     A.  Yes;  quite  a  number. 

Q.  What  was  the  nature  of  j^our  business  transactions  with  him? 
A.  Well,  they  were  more  particularly  in  regard  to  the  Codes,  or  some- 
thing of  that  sort. 

]Mr.  HoLL — Was  that  at  the  time  that  Mr.  Wallis  was  Librarian  or 
Deputy  Librarian?     A.  He  was  a  deputy  when  I  first  knew  him. 

Mr.  HoLL — There  is  no  question  as  to  Mr.  Wallis'  conduct  as  Dep- 
uty Librarian,  or  as  to  his  competency. 

Mr.  HiNKSON — I  offer  to  show  by  the  witness  that  from  his  knowl- 
edge and  experience  of  Mr.  Wallis  as  a  Deputy  Librarian  he  is  pre- 
pared to  state  facts  that  would  establish  the  fact  to  the  Trustees  of 
the  State  Library  that  Mr.  Wallis  is  eminently  qualified  for  the  posi- 
tion of  Librarian. 

Trustee  Johnson — The  question  is  prope'r.  Anything  that  may 
tend  to  show  Mr.  Wallis'  ability  and  his  competency  is  proper  testi- 
mony. 

Mr.  HoLL — We  except. 

Mr.  HiNKSON — Now,  I  will  ask  you  this  question  :  Whilst  you  were 
Deputy  Secretary  of  State  was  not  it  a  very  frec^uent  occurrence  that 
you  would  receive  letters  of  inquiry  from  different  departments  in 
the  different  States  seeking  information  that  it  was  necessary  for  you 
to  obtain  in  the  State  Library?  A.  Yes;  quite  a  number  of  such 
inquiries. 

Q.  That  was  a  frequent  occurrence,  was  it  not?     A.  Yes;  it  was. 

Q.  And  when  such  information  was  sought  from  you,  whom  did 
you  apply  to  for  the  desired  information?     A.  Mr.  Wallis. 

Q.  Witii  what  success?  A.  With  the  very  best  of  success.  I 
always  found  him  perfectly  willing  to  give  all  the  information  he 
possibly  could  on  most  any  subject. 

Q.  I  am  speaking  more  particularly  of  his  capacity  or  qualifica- 
tions to  furnish  information?  A.  I  always  received  the  answer  that 
I  wished. 

Q.  You  have  known  him  since  he  has  been  Librarian  and  have 
visited  the  library?     A.  When  did  he  become  Librarian? 

Q.  The  sixth  dliy  of  April,  1882?  A.  I  have  been  in  the  library 
once  or  twice  since  then. 


176 

Q.  Have  you  met  Mr.  Wallis  there?     A.  Yes. 

_Q._What  has  always  been  Mr.  Wallis'  conduct  with  reference  to 
dignity  and  courtesy  to  yourself  and  others?     A.  The  very  best. 

Cross-examination. 

Mr.  HoLL — Mr.  Cravens  was  Librarian  during  the  time  that  you 
were  in  the  ofiice  of  the  Secretary  of  State?     A.  Yes. 

Q.  Did  you  not  go  to  the  principal  when  you  had  business  with 
that  office?  A.  Well,  more  generally  it  was  with  Mr.  Wallis,  because 
I  felt  better  acquainted  with  him. 

Q.  You  felt  better  acquainted  with  Mr.  Wallis?    A.  Yes. 

Q.  Were  not  you  acquainted  with  Mr.  Cravens?  A.  I  was,  but  as 
a  general  thing  the  principals  refer  such  matters  to  their  deputies. 

Q.  Did  Mr.  Cravens  ever  refer  you  for  information  to  Mr.  Wallis? 
A.  I  do  not  remember  now  whether  he  did  or  not. 

Q.  What  was  the  business  that  you  had  with  Mr.  Wallis  when  he 
^vas  Deputy  Librarian?  A.  Well,  there  was  quite  a  number  of  ques- 
tions in  regard  to 

Q.  What  was  the  nature  or  character  of  the  matters  that  took  you 
to  the  library?  A.  It  would  be  rather  difficult  to  answer  exactly 
now,  because  questions  came  there  in  regard  to  almost  everything 
imaginable,  and  the  library  having  the  books  there,  of  course  we 
would  go  there  for  what  information  we  might  wish. 

Q.  Now,  what  part  of  that  business  did  Mr.  Wallis  perform  when 
you  would  go  there — what  would  he  do?  A.  Well,  he  would  take 
the  letter,  or  I  would  read  it  to  him  or  tell  him  what  I  wished,  and 
he  would  endeavor  to  assist  me.  Quite  a  number  of  times  I  would 
want  to  find  passages  in  the  Codes,  and  they  had  them  in  the  library 
there,  and  as  a  general  thing  he  would  go  into  the  room  with  me 
and  give  me  any  assistance  that  he  could. 

Q.  When  you  took  letters  there  what  would  he  do — what  assist- 
ance would  you  receive  from  him?  A.  Well,  he  generally  would 
refer  me  to  the  portion  of  the  librar}'  where  I  would  find  what  I 
required,  and  I  think  there  were  one  or  two  occasions  that  he  has 
assisted  me  somewhat  in  finding  the  passages. 

Mr.  HiNKSON — I  will  ask  you  if  you  ever  made  application  to  him 
for  information  to  be  derived  from  the  miscellaneous  department  of 
the  library,  as  well  as  in  the  law  library?  A.  Well,  that  was  more 
particularly  in  regard  to  some  books  that  I  wanted  to  read.  Of 
course  he  nearly  always  got  them  for  me  immediately  on  my  appli- 
cation— anything  that  I  wished  to  get. 

Mr.  HoLL — You  would  not  call  on  him  to  select  books  for  you — 
you  would  go  there  and  call  for  such  books  as  you  wished  to  read? 
A.  Yes,  as  a  general  thing,  of  course;  but  once  or  twice  I  would  ask 
him  if  there  was  anything  new  in  the  librarj',  or  something  of  that 
kind. 

Q.  Something  late  in  the  library  ?     A.  Yes. 


177 

Testimony  of  John  G.  Howell. 

Called  and  sworn  on  behalf  of  the  defense. 
Mr.  HiNKSON — Where  do  you  reside?     Answer — In  Oakland. 
Q,.  Wiuit  is  your  business?     A.  I  am  not  in  business  at  present. 
(}.  Ypu  have  been  connected  with  several  sessions  of  the  Legisla- 
ture of  this  State,  have  you  not?     A.  Yes;  the  last  four. 
Q.  In  wliat  capacity?    A.  Clerk  in  the  Assembly. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wallis,  the  State  Librarian?  A.  I  know  him 
very  well ;  yes. 

Q.  Have  you  had  business  with  him  in  his  official  capacity?  A. 
Yes;  nearly  every  day  for  three  or  four  sessions — that  is,  three  full 
sessions  and  the  fore  part  of  the  last  one. 

Q,.  Please  state  what  the  nature  of  your  business  with  him  was? 
A.  Well,  I  had  occasion  often  to  get  books,  and  often  to  go  there  for 
references,  and  often  to  go  there  for  favors  of  various  kinds,  and  often 
to  take  strangers  in  there. 

Q.  Did  you  ever  ask  him  for  authorities  on  different  subjects  with- 
out giving  him  the  authorities  yourself;  and  has  he  ever  furnished 
tliem  to  you,  on  any  questions  of  law,  or  anything  of  that  kind?  A. 
I  do  not  know  that  I  understand  you  exactly.    • 

Q.  Did  you  ever  state  any  subject  to  him  or  any  question  of  law 
that  you  wanted  authorities  on,  when  he  has  furnished  you  them? 
A.  No;  I  have  never  investigated  any  law  matters. 

Q.  Did  you  have  frequent  occasions  to  call  for  books  in  the  differ- 
ent departments  of  the  library?  A.  Yes;  for  myself  and  others,  and 
for  old  files  of  the  papers,  occasionally,  and  especially  for  the  pro- 
ceedings of  previous  Legislatures. 

Q.  How  did  he  furnish  you  the  information  that  you  sought  for? 
A.  Well,  I  regarded  him  as  a  remarkably  courteous,  kind,  and  oblig- 
ing man. 

Q.  With  reference  to  his  efficiency?  A.  As  far  as  I  could  see,  he 
seemed  perfectly  at  home,  and  entirely  satisfactory  to  everybody,  and 
very  competent. 

Q.  And  very  familiar?  A.  He  seemed  very  familiar.  I  wish  to 
emphasize  that  he  was  exceedingly  obliging  to  me  and  to  everybody 
that  I  ever  saw  him  have  anything  to  do  with  there. 

Cross-exam  inatlon.  , 

Mr.  HoLL — What  was  the  particular  matter  that  called  you  to  the 
library?  A.  Well,  I  would  frequently  want  to  get  books  for  my  own 
reading,  or  I  would  take  friends  and  strangers  frequently  there  to 
show  tliem  the  library;  and  I  remember  the  first  time  that  I  ever 
met  Mr.  Wallis  to  know  him,  I  took  a  lady,  or  two  ladies,  in  fact, 
through  there,  and  was  showing  them  the  librar.y,  and  just  as  I  was 
about  to  leave,  he  said:     "  Don't  you  want  to  go  up  and  see  the  cabi- 

23 


•      178 

net?"  I  said  that  I  did  not  know  anything  about  the  cabinet.  He 
said  :  "  Certainly,  there  is  a  nice  cabinet  up  stairs,  and  I  will  let  you 
have  the  key."  I  felt  very  much  gratified  at  that,  for  it  was  quite  a 
treat  to  the  ladies,  and  it  was  entirely  voluntary  on  his  part.  It  made 
me  feel  very  kindly  to  him,  and  made  me  feel  that  he  was  a  very 
obliging  man. 

Q.  In  regard  to  his  efficiency  as  a  Librarian,  and  understanding 
the  general  matters  of  the  library,  what  evidence  have  you  of  that? 
A.  Well,  I  am  very  poor  to  remember  details.  I  know  I  never  went 
in  there  to  ask  him  a  question  when  he  seemed  at  a  loss  or  nonplussed. 
He  has  gone  straight  for  any  book  that  gave  the  information.  He 
seemed  to  have  them  at  his  tongue's  end,  and  would  go  direct  for  the 
books. 

Q.  In  the  law  library,  or  the  miscellaneous  library?  A.  J  cannot 
remember  that  I  ever  had  occasion  to  go  in  the  law  library,  except 
to  look  in  there  to  see  the  construction  of  the  room. 

Q.  Would  you  go  in  the  miscellaneous  library  and  name  to  him 
the  books  that  you  would  want?     A.  Certainly. 

Q.  Then  he  would  be  able  to  go  to  the  alcove  and  find  the  books  ? 
A.  He  always  did  so  immediately,  and  he  always  accompanied  it 
with  a  good  deal  of  information  about  books  of  that  class,  and  sug- 
gested now  and  then  that  such  and  such  book  would  be  better,  and 
he  seemed  to  have  a  general  familiarity  with  the  books. 

Q.  Give  us  an  example  of  that?  A.  I  cannot  remember  details 
at  all. 

Q.  In  which  he  seemed  to  show  any  familiarity?  A.  I  cannot 
remember  any  details.     It  was  years  ago. 

Q.  How  many  years  ago?-  A.  I  was  there  last  Winter  for  some 
weeks  at  the  opening  of  the  session,  and  the  three  previous  sessions 
I  was  in  the  Assembly,  and  I  have  been  up  at  conventions  and  at 
fairs. 

Q.  You  were  there  while  he  was  Librarian  only  a  couple  of  weeks 
last  Winter?  A.  I  forget  when  he  took  his  place  as  Librarian,  but 
he  was  assistant  for  years  before. 

Q.  Did  you  ever  enter  into  any  discussion  of  literary  matters,  or 
scientific  subjects,  or  matters  of  general  information  with  him?  A. 
I  cannot  remember  the  particulars  of  it;  we  may  have  very  often  ; 
it  is  impossible  for  me  to  enter  into  details. 

Q.  Did  you  talk  with  him  of  books  in  your  discussions  with  him, 
and  about  literary  subjects  and  authors,  and  the  different  subjects  on 
which  they  treated,  and  the  best  authors  on  any  given  subject?  A.  I 
have  undoubtedly  had  conversations  of  that  kind. 
•  Q.  Can  you  remember  them  now?  A.  No,  I  cannot  remember  them 
definitely,  but  I  could  not  have  had  dealings  with  him  about  books 
without  talking  to  him  about  authors  and  their  writings. 

Q.  Can  you  remember  that  you  ever  did?  A.  No,  I  cannot  say 
that  I  have.  You  could  ask  me  questions  about  my  family,  and  I 
could  only  remember  very  vaguely;  I  cannot  remember  details. 

Q.  Do  you  mean  to  be  understood  that  it  is  because  you  remember 
things  vaguely  ?  A.  I  remember  as  to  details  vaguely.  In  my  inter- 
course with  a  man,  he  gives  always  a  pleasing  or  displeasing  memory 


179 

of  him,  and  I  have  a  general  idea  of  his  qualities  of  mind  or  of  his 
efficiency,  but  it  is  nearly  impossible  for  me  to  reproduce  the  details 
in  any  case. 

Q.  In  this  case  Mr.  WalTis  made  a  very  pleasing  impression  on  you? 
A.  Yes;  he  was  always  very  obliging  and  kind. 

Q.  You  have  no  knowledge  as  to  Air.  Wallis'  literary  acquirements? 
A.  I  cannot  say  that  I  have  ever  had  any  long  and  intimate  conver- 
sations with  him  to  give  me  a  real  idea  as  to  his  literary  require- 
ments.    I  could  not  make  that  clear  to  you. 

Mr.  J.  S.  Wallis — In  your  interviews  with  him,  did  he  show  an 
equal  familiarity  with  the  suljjoct-matter,  as  well  as  with  the  titles  of 
books?  A.  Yes,  I  think  he  did.  He  seemed  to  be  familiar  and  at 
home,  and  frequently  suggested  to  me  and  to  other  friends,  M-hom 
I  took  there  to  look  at  books  in  the  library,  and  he  always  seemed  to 
throw  light  on  any  subject  desired,  by  suggesting  authors  and  refer- 
ring to  their  merits. 

Q.  It  was  not  a  mere  mechanical  knowledge  of  where  a  book  was 
and  what  it  was?  A.  No;  he  seemed  like  a  very  intelligent  man 
with  books;  that  I  know  to  a  certainty,  because  it  is  very  distinct  in 
my  memory,  but  the  details  I  cannot  recollect,  nor  can  I  recollect 
hardly  a  book  that  I  called  for. 

Mr.  HoLL — Can  you  give  us  a  single  instance  of  where  his  superior 
knowledge  was  of  any  advantage  to  yourself  or  your  friends?  A. 
They  seemed  to  be  grateful  for  the  information  he  gave  them,  and  at 
their  suggestion  he  would  pull  down  book  after  book,  and  would 
speak  of  the  different  authors. 

Q.  Name  the  different  persons?  A.  That  is  impossible;  I  cannot 
remember  details. 

Q.  Name  some  of  the  books?  A.  I  remember  one  thing  and  that 
vaguely.  I  remember  that  he  pulled  down  at  least  thirty  or  forty 
volumes  of  poetry  at  one  time.  Of  course  I  could  run  over  a  dozen 
or  twenty  poetical  authors  that  he  must  have  pulled  down,  but  I 
cannot  remember  anj^  of  them. 

Q.  What  was  tlie  occasion  of  that?  A.  I  took  some  friends  in, 
and  we  were  talking  about  some  poetical  works,  and  we  went  in 
particularly  to  get  a  book  of  choice  extracts — a  book  of  short  epi- 
grammatic extracts — and  that  started  it.  He  talked  with  us  on  the 
subject  of  poetry,  and  handed  down  book  after  book,  and  reached 
for  them  as  though  he  was  familiar  with  them. 

Q.  When  he  spoke  of  authors  did  he  discuss  the  merits  of  the 
different  English  poets?  Did  he  give  his  opinion?  A.  I  cannot 
remember.  I  do  not  think  it  is  reasonable  that  I  should  remember 
years  afterwards  just  what  words  were  said  or  the  authors  named  in 
the  discussion.  He  treated  it  as  a  Librarian  naturall}'  would  that 
knew  the  books  and  something  of  authors. 

Q.  Of  course  he  could  read  the  names  of  the  books  and  find  any 
author  you  wanted?  A.  He  would  speak  of  an  author  and  reach 
up  and  get  it. 

Q.  Would  he  discuss  the  subject  upon  which  the  author  treated? 
A.  He  showed  a  familiarity  with  the  contents  of  them  before  he  took 
them  down. 


180 

Q.  In  what  way?  A.  By  saying  that  such  a  one  had  a  fine  poem 
in  it,  or,   "Did  you  ever  read  this?'"  or,   "Did  you  ever  read  that?" 

Q.  Give  us  an  instance  where  he  said  that?  A.  I  cannot  do  it.  I 
know  that  I  am  very  odd  that  way.  There  is  not  one  meal  in  a 
year  that  I  eat  at  home  that  six  hours  afterwards,  if  you  should  ask 
me  what  I  had  had  for  that  meal,  that  I  could  tell  you. 

Q.  Your  memory  is  very  poor?  A.  In  that  way.  If  I  am 
acquainted  intimately  with  every  gentleman  in  this  room,  and  if  I 
should  meet  some  one  an  hour  from  now  on  the  street  and  he  should 
ask  me  who  were  here,  I  probably  would  not  remember  half  of 
those  who  are  here. 

Q.  You  cannot  name  a  single  author  that  he  discussed,  nor  the 
subject?  A.  No,  I  cannot.  And  if  you  knew  me  you  would  not 
think  that  it  was  odd  either,  because  it  is  a  characteristic  of  me  and 
a  weakness. 


Testimony  of  Marsdkn  Manson. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?     Answer — In  this  city. 

Q.  Have  you  held  any  official  position  in  the  last  twelve  years  in 
this  State,  and  if  so  state  what  it  was?  A.  I  was  assistant  in  the 
Engineer's  department  under  Mr.  Hall,  the  State  Engineer,  from  the 
Summer  of  1878  to  the  Spring  of  1881. 

Competency  and  Deportment  of  the  Librarian. 

Q.  Do  you  know  Mr.  Wallis,  the  State  Librarian  ?  A.  Yes,  very 
well. 

Q.  Did  you  know  him  during  that  period?     A.  Quite  well. 

Q.  Without  asking  you  any  other  question,  go  on  and  state  what 
you  know  of  Mr.  Wallis'  qualifications  for  tliat  position.  State  the 
facts?  A.  I  was  an  assistant  in  the  Engineering  department  of  the 
State  under  Mr.  Hall,  and  knew  Mr.  Wallis  first  as  Assistant  State 
Librarian,  and  afterwards  whilst  he  was  in  the  position  of  Librarian. 
I  was  in  the  library  frequently,  to  inquire  sometimes  for  works  on 
engineering,  and  sometimes  for  works  on  general  subjects  that  I 
would  happen  to  be  reading  for  amusement  or  for  general  interest, 
but  I  was  there  more  frequently  to  inquire  for  engineering  works; 
and  so  far  as  I  was  able  to  discover  he  was  thoroughly  competent. 
He  knew  the  general  run  of  the  library,  and  knew  the  position  of 
the  books,  and  where  it  wfus  impossible  for  me  to  be  directed  as  to 
where  the  book  was,  Mr.  Wallis  would  assist  me  and  show  me  where 
such  and  such  Avorks  were.  He  was  acquainted  with  the  locality  of 
most  of  the  books  in  the  library — that  is  the  general  locality — and 
he  was  very  competent  and  able  in  the  discharge  of  his  duties. 

Q.  The  works  he  produced  for  you,  were  they  all  in  the  English 
language,  or  were  there  foreign  books?  A.  No;  there  were  some  of 
them  English  and  some  French. 

Q.  Did  he  ever  furnish  you  any  authorities  upon  subjects  that  you 


181 

would  suggest  to  him  without  your  naming  the  books  themselves? 
A.  I  cannot  recollect  any  special  occasion  on  which  ho  did,  though 
he  may  have  done  so.  I  was  in(juiring  for  so  many  books  now  and 
then  that  it  would  be  almost  impossible  for  me  to  remember  the  cir- 
cumstances of  the  inquiry  on  every  occasion. 

Q.  You  had  occasion  to  go  there  to  make  inquiries  for  books  fre- 
quently while  Mr.  Cravens  was  Librarian?     A.  Yes. 

Q.  And  while  Mr.  Wallis  was  Deputy?     A.  Yes. 

Q.  To  whom  did  you  make  application  for  your  information?  A. 
Sometimes  to  one  and  sometimes  to  the  other.  If  Mr.  Cravens  was 
out  1  would  inquire  of  Mr.  Wallis. 

Q.  During  the  time  you  have  known  Mr.  Wallis  in  the  library, 
what  has  been  his  conduct  with  reference  to  dignity  and  courtesy  to 
yourself  and  other  visitors  in  the  library?  A.  Perfectly  courteous, 
sir. 

Cross-examination. 

Mr.  HoLL — Did  you  know  the  works  that  you  wanted  to  consult? 
You  knew  the  authors  and  knew  what  books  you  wanted?  A.  I  can 
give  some  few  of  them  now. 

Q.  State  whether  you  did  know  when  you  went  to  the  library  what 
yo\i  wanted?     A.  As  a  general  thing. 

Q,.  Mr.  Wallis  was  able  to  tell  you  where  the  books  you  wanted 
could  be  found  in  the  library?     A.  Yes. 

Q.  That  is  about  the  extent  which  he  served  you?  A.  Yes;  or  to 
go  up  and  get  them. 

Q.  Bring  them  to  you?    A.  Yes. 

Q.  After  you  had  called  for  certain  works?    A.  Yes. 

Q.  He  would  go  and  get  them?    A.  Yes. 

Mr.  HiNKSON — I  will  ask  you,  Mr.  Manson,  if  he  has  not  rendered 
you  assistance  on  engineering  subjects  where  yoa  were  looking  up 
authorities?  Has  not  he  rendered  you  assistance  in  looking  up  those 
subjects  himself?  A.  I  cannot  recall  any  very  definite  occasion  on 
which  he  did,  though  he  may  have  done  so.  Probably  if  he  could 
mention  some  subject  that  I  happened  to  be  looking  up,  or  some 
point,  I  might  recall  it,  but  I  do  not  recollect  it  just  now. 

Q.  I  will  ask  you  this  question:  If  you  remember  of  anj^  occasion 
where  you  have  gone  into  the  library  and  suggested  to  Mr.  Wallis 
that  you  wanted  to  get  authorities  on  a  certain  subject,  and  he  has 
not  gone  with  you  and  assisted  you  in  looking  up  authorities  on  those 
subjects?  A.  Yes;  in  looking  up  the  books,  but  not  in  looking  up 
the  items  in  the  works. 

Q,  When  you  suggested  to  him  simply  that  you  had  a  subject  upon 
which  you  wanted  to  find  authorities,  has  not  he  gone  in  the  library 
with  you  and  assisted  you  in  looking  up  the  works — in  looking  up 
the  authorities  on  that  j)articular  subject?  A.  He  may  have  done 
so,  but  I  do  not  recollect  it  just  now. 

Mr.  HoLL — Has  it  not  amounted  to  this:  you  had  a  good  deal  to  do 
with  the  water  question  while  he  was  in  there.  For  instance,  you 
would  want  to  look  up  the  subject  of  hydrostatics,  and  you  would  go 
in  the  library  and  ask  him  for  works  treating  on  that  subject?  A. 
Yes. 


182 

Q.  That  would  be  the  way  that  you  would  approach  that  matter? 
A.  Yes;  I  have  frequently  gone  there 

Q.  If  you  had  some  special  subject  that  you  would  want  to  look  up, 
as  the  matter  of  hydrostatics,  3^ou  would  go  there  and  ask  him  for 
works  on  that  subject,  and  then  he  would  take  you  to  the  alcove 
where  the  works  on  engineering  and  those  matters  were,  and  you 
would  get  them  in  that  way  ?  A.  Not  only  that.  For  instance,  the 
subject  of  dredging  and  dredging  machinery — I  studied  that  up 
under  the  direction  of  the  State  Engineer,  while  I  was  there,  and  I 
had  to  look  up  a  good  many  authorities,in  French,  and  he  would  get 
out  the  various  French  journals.  I  do  not  know  whether  he  reads 
French  or  not,  but  he  knew  the  general  position  of  all  the  French 
works,  and  those  I  wished  to  get  he  was  thoroughly  familiar  with 
their  locality,  though  I  do  not  recollect  of  his  assisting  me  in  looking 
up  any  subject  after  the  books  and  -references  were  found.  That  is 
all  that  I  remember  just  now,  though  he  may  have  done  so.  I  do 
not  recollect  it. 


Testimony  of  C.  A.  Murdock. 

« 

Called  and  sworn  for  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?     Answer — In  San  Francisco. 

Q.  Were  you  a  member  of  the  last  Legislature?    A.  I  was. 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Mr.  Wallis?  A.  Yes;  I  made  his  acquaintance 
then  for  the  first  time. 

Q.  Did  you  have  any  business  with  him  in  an  official  capacity 
during  the  last  session  of  the  Legislature?  A.  Yes;  during  that  time 
I  was  in  the  library  frequently,  looking  up  different  subjects. 

Q.  Did  you  hav^  any  occasion  to  call  on  him  for  any  assistance  in 
connection  with  the  library?  A.  Yes;  in  reference  to  works  on 
special  subjects  that  I  was  investigating. 

Q,.  Did  he  ever  furnish  you  authorities  on  any  subjects  that  you 
desired  information  on?     A.  Yes;  very  promptly. 

Q.  State  with  what  alacrity  and  with  what  familiarity  he  furnished 
you  those  authorities  upon  those  subjects?  A.  Well,  I  remember 
especially  of  one  occasion  that  I  went  to  him  in  connection  with  the 
appropriations  for  State  Prisons.  Something  had  been  brought  up 
in  the  forenoon,  and  there  was  an  adjournment  just  at  that  time,  and 
I  wanted  to  take  the  floor  immediately  afterwards.  I  went  to  Mr. 
Wallis,  and  he  at  once  showed  me  everything,  so  that  in  a  few  min- 
utes I  had  all  the  statistics  for  several  years  past,  and  I  had  all  the 
information  that  I  wanted  on  that  subject.  That  is  the  only  instance. 
Usually,  when  I  have  been  to  that  department,  his  assistant  furnished 
me  with  what  I  needed.  I  think  that  is  perhaps  the  only  time  that 
I  had  any  direct  communication  with  Mr.  Wallis. 

Q.  Did  you  visit  the  library  frequently?  A.  Yes;  I  was  there  a 
great  deal. 


183 

Q.  What  was  Mr.  Wallis'  conduct  with  reference  to  dignitj'  and 
courtesy  towards  yourself  and  other  visitors  at  the  library?  A.  It 
was  most  favorable,  so  far  as  I  know  of  it.  He  always  treated  me 
with  courtesy  and  kindness. 

Q.  Was  he  accommodating?    A.  Yes;  very. 

Cross-examinatio7i. 

Mr.  HoLL — The  only  instance  you  recall  in  which  Mr.  Wallis  him- 
sdlf  furnished  anything  was  when  he  gave  you  a  work  that  contained 
statistics  in  reference  to  the  State  Prison?  A.  He  found  all  the  vol- 
umes.    I  think  he  sent  them  in  to  me. 

Q.  Reports  in  reference  to  the  management  of  the  State  Prison? 
A.  Yes;  I  think  that  is  the  only  occasion.  There  were  some  other 
works  that  I  remember  asking  him  for,  and  he  found  them  for  me. 
There  was  one  occasion  where  I  got  a  book,  and  I  think  it  is  the 
only  book  that  I  got  from  the  library  except  those  of  an  official  char- 
acter. Usually,  when  I  went  there,  Mr.  Gunn  was  there,  and  I  did 
not  come  in  contact  with  Mr.  Wallis  so  much. 


Testimony  of  G.  W.  Gordon. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  J.  S.  Wallis — Where  do  you  reside?  Answer — In  the  City  of 
San  Francisco. 

Q.  Have  you  resided  in  Sacramento?  A.  I  have  visited  Sacra- 
mento very  often  latel3^ 

Competency  and  Deportment  of  Librarian. 

Q.  Are  you  acquainted  with  the  Librarian,  Talbot  H.  Wallis?  A. 
Yes. 

Q.  How  long  have  you  known  him?  A.  I  think  I  have  known 
him  several  years;  two  or  three  years. 

Q.  How  often  have  you  visited  the  library  since  your  acquaintance 
with  him?  A.  Well,  very  frequently;  I  could  not  tell  exactly — that 
is  for  a  non-resident.  I  have  attended  the  Superior  Court  at  Sac- 
ramento and  the  Supreme  Court. 

Q.  Did  you  visit  the  library  for  any  special  purpose,  or  for  amuse- 
ment? A.  For  a  special  purpose;  to  look  up  law  matters  and  to 
get  books. 

Q.  What  was  his  general  conduct  and  demeanor  towards  you  and 
others  while  you  were  there?  A.  He  was  very  courteous,  polite,  and 
attentive. 

Q.  Did  you  ever  seek  from  him  any  information  on  any  particular 
subject,  or  any  work  on  any  particular  subject?  A.  Yes,  I  have 
sought  for  various  books  there;  legal  works. 

Q.  Did  you  ever  suggest  to  him  any  subject  or  branch  of  any  subject 


184 

that  5'ou  were  seeking  information  on  that  he  supplied  you  with? 
A.  I  always  got  from  him  such  books  as  I  requested. 

Q,.  Did  you  ever  suggest  to  him  any  particular  branch  or  subject, 
without  naming  the  author,  or  where  it  could  be  found,  where  he 
furnished  it  to  you?  A.  Well,  I  had  not  much  in  that  line  of  busi- 
ness to  do;  I  have  conversed  with  him  occasionally  on  the  condition 
of  the  library,  and  he  seemed  to  be  well  posted. 

Q.  He  seemed  to  be  well  posted  ?     A.  Yes. 

Q.  On  the  contents  of  the  library  ?  A.  On  the  contents  of  the 
library. 

Q.  And  as  to  the  authors  of  various  works?  A.  So  far  as  I  talked 
with  him  ;  it  was  not  very  extensive. 

Q.  In  your  interviews  with  him,  Avere  you  always  readily  supplied 
with  the  information,  or  with  the  books  that  you  sought?    A.  Yes. 

Q.  You  have  no  cause  of  complaint?  A.  No;  I  never  had  any 
myself,  and  never  heard  of  any  when  I  was  present. 

Cross-examination. 

Mr.  HoLL — Did  you  say  that  you  were  always  readily  supplied  with 
the  information  you  wanted  when  you  went  to  the  State  Library  ? 
A.  With  regard  to  the  books. 

Q.  With  the  information  ;  there  were  two  propositions  in  the  ques- 
tion— as  to  your  getting  the  books  and  the  information.  If  that  is 
so,  it  is  a  good  place  to  go  to  if  you  can  get  the  information?  A. 
Such  questions  as  I  asked  in  regard  to  legal  works. 

Q.  Your  inquiries  there  were  confined  to  the  Law  Library? 
A.  Yes,  mostly;  almost  ejitirely. 

Q.  And  in  the  Law  Librar}'^  he  furnished  you  such  works  as  you 
called  for?  A.  Yes,  or  explained  the  absence  of  them.  He  seemed 
to  be  well  posted. 

Q.  How  as  to  the  miscellaneous  departments?  A.  I  never  had 
any  occasion  to  examine  it. 

Q.  You  never  had  any  occasion  to  question  him  in  reference  to 
that?    A.  No. 

Q.  You  never  talked  with  him  in  reference  to  that?  A.  I^ot 
except  in  a  general  way. 

Q.  Have  you  talked  with  him  upon  any  literary  or  scientific  sub- 
jects?    A.  No. 

Q.  You  know  nothing  about  his  qualifications  or  his  attainments 
in  those  matters?    A.  No;  not  as  to  miscellaneous  subjects. 


Testimony  of  W.  C.  Belcher. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?  Answer — Well,  that  is  a 
matter  a  little  difficult  to  tell. 

Q.  Where  is  your  place  of  business?  A.  My  place  of  business  is 
in  San  Francisco,  and  my  legal  residence  is  in  Marysville. 

Q.  You  are  an  attorney  at  law  by  profession  ?     A.  Yes. 


185 

Competency  and  Dcj^tortment  of  Librarian. 

Q.  You  know  Mr.  Wallis,  tlie  Stute  Librarian  ?    A.  Yes. 

Q.  How  long  have  you  known  him?  A.  Well,  ever  since  he  has 
been  connected  with  the  library,  and  I  could  not  tell  how  long  that 
has  been. 

Q.  Have  you  had  opportunities  of  knowing  somethijig  of  his 
qualifications  for  that  position?     A.  Yes,  I  think  so. 

Q.  Will  you  please  state?    A.  I  have  frequently  visited  tlie  library. 

Q.  You  have  visited  the  librarv  frequently  during  that  time? 
A.   Yes. 

Q.  And  have  had  business  tiiere  very  frequently  ?     A.  Yes. 

Q.  Just  detail  what  knowledge  you  have  of  his  qualifications  with- 
out me  asking  any  questions,  and  state  what  your  relations  have 
been  with  him  in  his  official  capacity  in  the  different  branches  of 
the  department  of  which  he  has  the  supervision  ?  A.  I  have  had 
occasion  when  he  was  in  the  Law  Library  to  visit  it  a  good  many 
times,  and  I  have  found  him  always  attentive  and  efficient,  and  if 
it  is  my  judgment  tliat  you  want  as  to  his  efficiency,  I  think  that  he 
is  the  most  competent 

Mr.  HoLL — We  do  not  want  your  judgment;  we  want  facts,  and 
the  Trustees  will  form  their  judgment. 

A.  Then  ask  me  such  questions  as  you  desire  to  have  answered. 

Mr.  HiNKSON — Then  I  will  ask  you :  You  have  stated  in  regard 
to  his  efficiency  and  it  has  been  objected  to.  State  the  facts  on  which 
you  liave  formed  that  conclusion?  A.  I  could  hardly  state  the  facts 
other  than  what  I  have  stated.  AVhenever  I  have  been  attending 
Court  I  have  always  had  occasion  to  visit  the  library,  and  if  I  had 
occasion  to  inquire  for  a  book,  whether  in  that  department  of  the 
library  or  in  any  other  department  of  the  library,  I  found  that  he 
was  familiar  with  the  places  of  the  books  and  could  readily  get 
them  for  me. 

Q.  Li  both  the  miscellaneous  and  law  departments?  A.  Yes;  it 
would  be  hardly  miscellaneous,  because  the  books  that  I  have  had 
occasion  to  call  for  out  of  the  Law  Library  were  largel}'  engineering 
and  scientific  books  and  books  of  travel. 

Q.  Just  state  what  knowledge  he  displayed  of  that  department — 
the  scientific  department?  A.  He  seemed  to  be  entirely  familiar 
with  the  books,  so  that  when  I  inquired  for  a  book  he  could  tell  me 
whether  it  was  there  or  not,  and  if  it  was  there,  he  could  get  it  for 
me,  and  that  readily. 

Q.  What,  if  any,  familiarity  did  he  manifest  with  reference  to  the 
contents  of  the  books  that  you  have  called  on  him  for?  A.  Some- 
times he  was  entirel.y  familiar  with  them,  and  sometimes  the}'  would 
be  on  matters  that  I  should  not  have  expected  him  to  be  familiar 
with. 

Q.  As  a  Librarian?    A.  Yes. 

Q.  Can  you  recall  to  mind  any  instance  where  you  Jiave  suggested 
subjects  to  him  upon  which  he  has  furnished  3'ou  with  authorities? 
A.  Yes;  and  that  particularly  when  I  was  engaged  in  the  examina- 

24 


186 

tion  of  the  debris  case.  There  were  divers  matters  that  I  wanted 
authorities  upon,  and  I  asked  him  in  regard  to  them,  and  he  fur- 
nished me  the  books.  On  one  occasion  that  I  remember — but  that, 
however,  was  in  regard  to  law  matters — I  asked  for  authorities  upon 
a  particular  subject,  and  there  he  exhibited  a  familiarity  with  the 
books,  and  the  particular  books  that  I  needed  to  consult,  and  that 
was  of  considerable  assistance  to  me. 

Q.  Your  visits  have  been  very  frequent,  during  the  period  you 
spoke  of,  to  the  library?  A.  I  have  been  a  pretty  regular  attendant 
upon  the  sessions  of  the  Supreme  Court  in  Sacramento,  for  a  good 
while,  during  the  entire  term  that  he  has  been  connected  with  the 
library,  and  then  from  time  to  time  at  other  times  besides  when  the 
Court  was  in  session. 

Q.  What  has  been  Mr.  Wallis'  conduct  with  reference  to  his  dignity 
and  courtesy  to  yourself  and  other  visitors  when  you  visited  the 
library?  A.  I  could  not  desire  to  have  one  more  courteous  than  he 
has  always  been — entirely  so. 

Q.  Exceedingly  accommodating?     A.  Yes. 

Q.  Can  you  relate  any  instance  wherein  he  has  manifested  a  spirit 
of  accommodation  to  yourself?  A.  Always,  when  I  have  called  for 
books,  or  asked  for  them,  he  has  taken  the  trouble  to  get  them,  ordi- 
narily, and  always,  when  he  was  in  the  Law  Library,  he  would  select 
them  and  bring  them  to  me.  That  would  be  a  matter  of  accommo- 
dation. 

Q.  Has  he  served  you  out  of  office  hours?  A.  Yes;  he  has  always 
served  me  out  of  office  hours,  and  very  frequentlj^  I  have  had  occa- 
sion to  use  the  library  even  in  the  night,  and  even  to  the  breaking  of 
the  sun. 

Cross-examiyiation. 

Mr.  HoLL — When  you  are  in  the  librarj^  you  are  a  pretty  hard 
worker,  and  are  pretty  closely  confined  to  your  labors?  A.  I  ordi- 
narily have  something  to  do. 

Q.  What  transpires  outside  of  the  Law  Library  you  know  very  little 
about  when  you  are  in  the  librar}^  examining  your  cases?  A.  I 
would  not  probably  know  anything  that  was  outside  of  that  room. 

Q.  The  efficiency  of  Mr.  Wallis  has  been  shown  generally  in  his 
ability  to  furnish  you  such  books  as  you  would  call  for  in  the  Law 
Library.  Is  that  what  I  understand  you  to  say?  A.  Li  the  Law 
Library,  and,  so  far  as  I  had  occasion  to  call  for  them,  in  the  general 
library. 

Q.  He  did  not  furnish  you  with  the  authorities  you  would  go  there 
to  examine,  otherwise  than  when  you  would  call  for  them  he  would 
find  them?  A.  That  would  be  finding  books  and  bringing  them  to 
me.  On  one  occasion,  on  some  particular  subject — and  I  could  not 
tell  you  now  what  it  was,  but  I  simply  remember  the  fact  that  there 
was  some  subject  arose  there  in  the  progress  of  a  case  in  the  Supreme 
Court — it  was  suggested  suddenly — and  I  asked  him  for  authorities 
on  that  particular  subject,  and  the  next  morning  he  gave  me  quite  a 
list  of  authorities. 


187 

Q.  Whether  he  liimself  examined  the  matter  aiul  looked  it  up  or 
whether  some  one  else  did  it,  1  suppose  you  do  not  know?     A.  No. 

Q.  That  was  on  one  occasion?  A.  That  was  on  one  particular 
occasion. 

Q,.  Outside  of  the  Law  Library  your  investigations  have  been  on 
scientific  matters?     A.  Yes. 

Q.  Engineering?  A.  Yes;  in  engineering  and  matters  that  would 
pertain  indirectly  to  engineering,  like  matters  of  climate. 

Q.  At  the  time  you  investigated  that  matter,  it  was  very  generally 
investigated  and  it  was  a  matter  of  great  concern,  and  a  great  many 
men  were  inquipng  in  the  same  line  that  you  were?  A.  I  do  not 
know  how  many,  or  how  many  others  may  have  been  inquiring. 

Q.  That  is  a  subject  that  has  been  very  generally  discussed,  and  a 
great  many  lawyers  have  been  engaged  in  these  debris  suits?  A. 
Yes. 

Q.  Within  the  last  two  years?     A.  Yes. 

Q.  And  naturally  a  subject  that  interested  you  in  preparing  the 
case  would  interest  other  lawyers  to  inquire  into  the  same  subject- 
matter?  A.  I  think  not.  I  think  that  no  other  lawyer  on  our  side, 
and  so  far  as  I  know,  no  other  one  on  the  other  side,  went  into  that 
particular  kind  of  investigation  at  all.  It  may  be  that  some  of  them 
did,  but  I  speak  so  far  as  it  came  in  that  case. 

Q.  What  was  the  particular  department  that  you  were  examining 
at  the  time  Mr.  Wallis  served  you  in  that  way?  A.  Engineering 
questions,  with  reference  particularly  to  water-hydraulic  engineering. 

Q.  That  is  a  subject  that  is  very  common  in  California — in  refer- 
ence to  water  and  irrigation— that  is  a  great  cjuestion  in  this  State? 
A.  Yes. 

Q.  Necessarily  that  is  a  subject  in  which  a  great  many  people  are 
interested?     A.  Yes. 

Mr.  J.  S.  Wallis — Did  you  find  him  familiar  with  the  suVjject- 
matter  as  well  as  the  authors  and  the  respective  books  that  you  were 
looking  for?  A.  Well,  now,  except  generally,  that  is  a  question  that 
I  could  not  answer,  for  the  reason  that  I  did  not  have  occasion  to 
discuss  the  questions  involved  with  him,  but  in  several  instances  he 
got  authorities  for  me,  and  not  only  found  the  books  for  me,  but 
turned  me  to  the  particular  subjects  for  which  I  was  immediately  in 
search. 

Q.  He  showed  that  he  had  some  familiarity?  A.  That  showed 
that  he  had  some  familiarity  with  the  subject,  so  far  ;  yes. 

Mr.  HoLL — Did  you  ever  get  any  idea  from  Mr.  Wallis  upon  the 
subject  of  hydraulic  engineering,  further  than  to  have  him  get  the 
books  and  look  them  over,  and  refer  you  to  the  subjects  that  were 
treated  in  them?  A.  No,  probably  not;  at  least  I  have  no  recollec- 
tion of  it. 

Q.  Independent  of  finding  the  matter  in  the  books  for  you,  did  he 
ever  talk  with  you  or  give  you  any  knowledge  of  the  subject?  A.  I 
do  not  think  I  ever  discussed  the  questions  involved  with  him ;  I 
may  have  done  so,  but  if  so,  it  has  passed  out  of  my  recollection. 

Q.  He  would  simply  get  the  books  and  look  through  them,  and 
refer  you  to  what  he  found  in  the  books?  A.  Yes;  and  to  what  I 
wanted. 


188 

Q.  That  he  could  tell  by  looking  over  the  books?  A.  And  now, 
that  you  speak  of  that,  I  remember  that  I  had  occasion  also  to  exam- 
ine several  of  the  books  published  by  the  Geographical  Society  of 
London ;  if  I  remember  right  that  was  with  reference  to  the  water 
question  also,  and  I  remember  telling  him  what  I  wanted  in  regard 
to  those  books,  and  he  found  the  books  for  me  so  that  it  saved  me  a 
great  deal  of  labor  in  the  search  for  the  particular  matter  that  I  was 
seeking  for. 

Q.  That  is,  he  simply  found  you  the  volumes?  A.  He  found  me 
the  volumes  and  the  places,  and  put  in  marks  ready  for  me  to  use. 

Mr.  HiNKSON — In  applying  to  him  for  these  books,  did  he  pick  out 
books  other  than  those  in  the  English  language?  A.  Yes;  I  think 
that  of  the  engineering  books  the  larger  portion  of  them  were  in 
French. 

Q.  He  showed  an  equal  familiarity  with  those  books  as  he  did  with 
the  others?     A.  In  referring  me  to  the  subjects  and  the  books. 

Mr.  J.  S.  Wallis — When  there  were  several  authors  on  the  same 
subject,  would  he  suggest  to  you  one  particular  author  as  probably 
being  the  best  for  you  to  consult?  A.  In  regard  to  that  I  do  not 
remember. 

Mr.  HoLL— Does  Mr.  Wallis  read  French  ?  A.  That  I  could  not 
answer,  whether  he  does  or  not. 

Q.  Did  you  learn  when  he  referred  you  to  French  works  on 
hydraulic  engineering  whether  he  understood  anythii>g  about  those 
books  ;  being  able  to  read  them  ?  A.  Whether  he  did  or  not  I  do  not 
know,  because  when  I  went  into  the  library  the  books  had  been 
selected  and  had  been  laid  out  for 'me,  and  I  took  them  and  some- 
times examined  them  there,  and  sometimes  took  them  to  my  room 
for  examination,  and  whether  he  reads  French  or  not,  I  could  not 
answer. 

Q.  Those  matters,  then, so  far  as  he  was  connected  with  the  subject, 
did  not  necessarily  imply  that  he  could  read  the  contents  of  those 
books?  A.  Well,  if  I  were  to  make  simply  an  application  which 
would  be  without  any  knowledge,  I  should  suppose  that  he  must  have 
some  little  familiarity  with  it,  but  whether  he  could  read  it  readily 
or  not,  would  be  entirely  another  thing. 

Q.  You  do  not  know  whether  he  understands  a  word  of  French, 
do  you  ?    A.  No. 

Q.  It  was  not  a  necessary  thing,  then,  that  he  should  understand 
French  in  order  to  furnish  you  with  what  he  did  ?  A.  It  would  be 
necessary  that  he  should  have  some  little  knowledge,  in  order  to 
understand  the  terms  and  to  know  where  things  were  to  be  found, 
although  there  is  such  a  similarity  between  many  of  the  words  in 
French  text  books  and  English  that  it  is  possible  he  could  tell. 

Q.  If  it  should  turn  out  that  he  did  not  know  a  word  of  French 
how  would  you  account  for  it?  A.  Well,  eitlier  that  there  was  such 
a  similarity  in  the  words  between  the  English  and  tlie  French  words 
that  the  meaning  would  suggest  itself,  or  else  that  other  parties  had 
examined  the  book  and  turned  to  the  same  places.  If  one  knew 
nothing  about  it  tliat  would  be  the  only  way  that  I  could  account 
for  it. 


189 

On  Friday,  January  4,  1884,  the  following  additional  testimony 
was  taken  at  San  Francisco,  beloro  Trustee  Johnson  : 


Testimony  of  John  S.  Enos. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?  Answer — I  reside  in  San 
Francisco. 

Q.  What  official  position  do  you  hold  at  this  time?  A.  I  am 
Commissioner  of  the  Labor  Bureau  of  Statistics  of  the  State  of 
California. 

Q.  You  were  formerly  State  Senator  from  this  city?  A.  I  was 
elected  Senator  in  1879  from  the  Thirteenth  Senatorial  District,  from 
this  city,  and  served  as  such  during-  the  sessions  of  1880  and  1881 
and  the  extra  session  that  was  called. 

Q.  Your  official  and  private  duties  have  called  you  to  the  office  of 
the  State  Librarian  frequently'  during  the  past  two  years?    A.   Yes. 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  Mr.  Wallis,  the  State  Librarian?  A.  I  knew  Mr. 
Wallis  while  he  was  there  under  Mr.  Cravens,  and  after  he  was  made 
Librarian. 

Q,.  You  have  had  transactions  with  him  as  Librarian  often,  have 
you  not?  A.  Well,  I  would  not  say  daily,  but  it  was  almost  every 
day  that  I  had  occasion  to  resort  to  the  State  Library,  for  informa- 
tion and  references,  and  called  upon  him  in  his  official  capacity  as 
Librarian. 

Q.  Will  you  please  state.  Senator,  what  you  know  of  his  qualifi- 
cations for  that  position,  and  also  what  you  know  of  his  conduct 
with  reference  to  his  dignity  and  dei)ortment  in  the  office,  and  his 
courtesy  and  treatment  of  yourself  and  other  visitors?  A.  Well,  as 
I  was  going  on  to  remark,  I  frequently  visited  the  office,  and  my 
experience  with  Mr.  Wallis  was'always  that  he  was  courteous,  very 
gentlemanly  and  obliging.  Whenever  I  could  not  go  myself,  and 
Avhenever  a  messenger  boy  was  sent  there  for  anything.  Mr.  Wallis 
would  in  most  cases  come  personally'  and  ask  what  information  I 
desired,  and  he  would  bring  it  to  me  personally.  In  many  instances 
I  remember  that.  He  imi)ressed  me  as  being  a  very  efficient  and 
gentlemanly  officer.  That  was  the  impression  that  1  received  from 
my  intercourse  with  the  office  and  from  my  acquaintance  with  Mr. 
Wallis.  I  never  saw  anything  that  was  out  of  the  waj',  and  I  never 
saw  anything  but  Mdiat  was  perfectly  gentlemanly. 

CroHS-examination. 

Mr.  HoLL — Was  it  in  the  law  or  the  miscellaneous  library  that  you 
had  occasion  to  carry  on  your  examinations?  A.  Both;  I  think  both 
the  Law  Library  and  the  miscellaneous. 


190 

Q,.  What  branch  of  the  miscellaneous  library  did  you  use?  A. 
Well,  historical,  a  good  deal;  and  I  recollect,  in  relation  to  the  debris 
question,  that  I  was  in  there  very  often  to  study  up  its  history. 

Q.  The  matter  of  debris,  hydraulic  engineering,  and  matters  of 
that  kind?     A.  Yes. 

Q.  What  was  the  service  that  you  required  of  Mr.  Wallis?  A. 
Well,  for  instance,  if  I  wanted  any  books,  or  anj^  references  to  any 
books,  I  would  go  in  there,  and  Mr.  Wallis — I  think  that  I  consulted 
him  principally  while  lie  was  in  there. 

Q.  Well,  was  the  service  you  required  of  him  to  furnish  you  such 
books  as  you  desired  to  examine?  A.  Well,  for  instance,  there  was 
a  discussion  on  the  charter  of  San  Francisco,  and  it  was  principally 
a  question  of  law,  and  I  wanted  the  decisions  of  the  different  State 
Courts.     I  recollect  that  Mr.  Wallis  furnished  me  those  books. 

Q.  You  would  give  him  the  subject  upon  which  you  would  want 
information,  and  you  would  want  to  know  what  the  Courts  had 
decided  on  particular  points  that  were  involved,  and  you  would  give 
him  the  points,  and  he  would  look  up  the  cases  where  those  matters 
had  been  decided,  and  furnish  you  the  authorities?     A.  Yes,  he  would. 

Q.  During  your  intercourse  with  Mr.  Wallis,  did  you  ever  enter 
upon  any  discussions  with  him  about  general  literature,  so  that  you 
are  able  to  state  whether  he  has  any  knowledge  or  any  acquirements 
or  any  literary  or  scientific  attainments?  A.  I  do  not  know  as  I 
ever  paid  any  particular  attention  to  that  branch  of  the  subject. 

Q.  You  do  not  remember  of  any  conversations  that  you  had*  with 
him?     A.  No;  not  particularly. 

Q.  Or  any  discussions  about  any  different  authors?     A.  No. 

Q.  Or  as  to  historical  works  or  matters  of  science?  A.  No;  I  have 
no  remembrance  of  any  particular  discussion. 

Q.  I  understand  you  to  say,  then,  that  he  was  always  ready  to  serve 
you  in  such  matters  as  you  required?     A.  Yes.  • 

Q.  Without  being  able  to  state  from  your  knowledge  anything  as 
to  his  literary  or  scientific  attainments?  A.  No;  I  never  had  any 
occasion,  and  my  attention  w^as  never  called  particularly  to  investi- 
gate whether  he  was  a  man  skilled  in  the  sciences,  or  anything  of 
that  kind. 

Mr.  HiNKSON — Can  you  call  to  mind  any  circumstance  where  he 
rendered  you  service  other  than  simplj'"  furnishing  you  the  books 
that  you  called  for?  A.  There  is  one  little  matter;  it  is  a  little  mat- 
ter, but  I  will  refer  to  it.  In  the  discussion  of  the  debris  question, 
the  subject-matter  in  relation  to  dykes,  and  the  extent  of  rivers  and 
their  flows,  came  up,  and  the  river  Po  was  mentioned,  and  Senator 
Cheney  had  alluded  to  it  in  his  opening  speech  upon  that  question, 
and  it  becameasubjectof  deep  interest — thatquestion  amongothers — 
and  I  called  upon  Mr.  Wallis  for  information,  and  he  gave  me  all 
the  information  that  could  be  derived  upon  that  subject,  and  he  took 
the  books  down  and  put  marks  in  them.  Upon  the  charter  question, 
in  relation  to  the  constitutional  points  that  were  raised,  and  on  sev- 
eral other  occasions,  he  rendered  me  valuable  aid  by  giving  me  infor- 
mation which  of  course  I  did  not  know  where  to  find  in  the  librar3^ 
not  being  posted  in  relation  to  the  matters;  and  when  I  went  in  and 


191 

said  to  him,  Can  you  tell  me  about  such  and  such  a  subject?  he 
would  go  personally  and  take  down  the  books,  and  give  them  to  me, 
and  give  me  references  to  others.  That  is  what  I  meant  when  I  said 
he  rendered  me  valuable  assistance;  but  as  to  the  question  that  was 
put  to  me  whether  I  ever  discussed  any  particular  branch  of  science 
or  anything  of  that  kind,  with  Mr.  Wallis,  I  do  not  know  as  I  ever 
did.  I  never  had  any  occasion  to.  I  was  on  the  Committee  on  Fed- 
eral Relations.  Senator  Baker  was  Chairman  of  that  committee,  and 
I  wanted  to  post  myself  upon  some  matters  that  came  before  our 
committee — some  Congressional  matters — and  I  went  to  Mr.  Wallis, 
and  he  went  Avith  me  and  took  down  certain  Congressional  reports, 
and  furnished  me  with  the  inlbrmation.  For  instance,  there  was  a 
bill  introduced  by  Senator  Grove  Johnson — something  in  relation  to 
curtailing  the  freedom  of  the  press — providing  for  individual  respon- 
sibility for  certain  articles  that  might  be  ])ublished.  It  was  the  same 
bill  in  substance  thai  he  had  introduced  when  he  was  in  the  lower 
house.  I  wanted  to  investigate  that  matter.  I  knew  that  Luke 
Poland,  of  Vermont,  had  made  himself,  in  the  estimation  of  a  great 
many,  obnoxious,  by  reason  of  his  course  in  relation  to  a  similar 
matter.  I  went  to  Mr.  Wallis,  and  he  spent  nearly  an  hour  ^vith  me 
in  furnishing  me  with  the  information.  Of  course,  that  had  passed 
out  of  my  mind. 

Q.  On  these  occasions  he  made  the  examinations  and  furnished 
you  the  authorities?  A.  Yes,  certainly ;  for  which  of  course  I  felt 
very  thankful,  and,  as  I  say  in  a  general  way,  I  never  saw  anything 
but  wdiat  indicated  that  he  was  perfectly"  familiar  with  the  duties  of 
his  office.  I  knew  him  when  he  was  under  Mr.  Cravens,  and  when 
this  matter  came  up  I  wrote  him  this  note  that  you  handed  to  me. 

Mr.  J.  S.  Wallis — During  your  interviews  with  Mr.  Wallis  as 
State  Librarian,  did  you  find  him  as  familiar  with  the  subject-mat- 
ters of  your  investigations  as  he  was  with  the  names  of  authors  and 
of  their  books,  and  where  they  could  be  found  in  the  library?  A.  I 
did;  yes. 


Testimony  of  W.  B.  May: 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  J.  S.  Wallis — Where  do  you  reside?  Answer — I  reside  in 
San  Francisco. 

Q.  What  is  your  occupation?    A.  I  am  an  attorney  at  law. 

Q.  Have  you  held  any  public  position  during  the  past  ten  years, 
and  if  so  what?  '  A.  I  have.  I  was  a  member  of  the  Legislature  of 
1877-S,  and  the  three  subsequent  ones.  I  was  a  member  of  the  As- 
sembly. 

Competency  and  Deportment  of  Librarian. 

Q.  During  that  time  were  you  acquainted  with  the  State  Librarian, 
Talbot  H.  Wallis?     A.  I  was  very  well  acciuainted  with  him. 

Q.  Had  j'ou  occasion  to  visit  the  State  Library  for  any  purpose 
whatever?    A.  Daily,  and  sometimes  several  times  every  day. 


192 

•  Q.  For  what  purpose?  A.  To  obtain  information  relating  to  spe- 
cial subjects. 

Q.  You  had  interviews  with  the  Librarian?  A.  Very  frequently. 
First,  in  1877-8,  when  he  occupied  a  subordinate  position — I  under- 
stood that  of  messenger,  or  porter,  or  clerk — and  next,  when  he  was 
himself  appointed  Librarian. 

Q.  During  that  period,  and  when  you  visited  the  library,  what 
was  his  conduct  and  demeanor  towards  you  and  towards  others?  A. 
Always  most  courteous.     I  never  remember  an  exception  to  it. 

Q.  During  your  interviews  with  him  did  you  find  him  familiar 
with  the  subject-matter  of  your  investigation  as  well  as  he  was  with 
authors  and  books  and  where  the  books  could  be  found  in  the 
library?  A.  Well,  remarkably  so,  as  I  thought.  I  do  not  remember 
that  I  ever  went  to  him  on  a  subject  that  he  was  not  able  to  enlighten 
me  and  bring  me  in  contact  with  it  in  its  best  aspect. 

Q.  And  that,  too,  without  reference  to  the  books?  A.  Yes;  I  went 
to  him  frequently  on  questions  with  reference  to  certain  words  little 
in  use.  I  noted  this  particularly  the  first  session,  when  he  occupied 
a  subordinate  position,  and  to  my  mind  he  showed  a  remarkable 
knowledge  of  books  and  of  things,  and  always  supplied  with  the 
information,  usually  verbally.  When  i  would  go  to  him  on  a  sub- 
ject he  would  tell  me  verbally  what  the  authorities  said,  and  then 
would  give  me  the  authorities,  or  send  them  by  a  messenger  into  the 
Assembly  and  lay  them  on  my  desk. 

Cross-examination. 

Mr.  HoLL — Give  us  some  instance  that  occurred  between  you  and 
Mr.  Wallis  that  illustrates  the  matter  about  which  j-ou  have  testified? 
A.  Well,  of  course,  it  would  be  difficult  to  give  you  any  extended 
illustration,  but  I  remember  particularly  one  with  reference  to  the 
water  supply  of  London.  I  remember  that  particularly.  The  Spring 
Valley  question  was  up.  That  was  in  the  Legislature  of  J 877-8. 
There  was  very  important  legislation  in  reference  to  the  Spring  Val- 
ley, in  which  1  took  an  active  part,  as  the  colleague  of  John  F.  Swift. 
I  wanted  certain  information.  A  certain  statement  had  been  made 
on  the  floor  with  reference  to  the  water  sup{)ly  of  the  City  of  London, 
and  in  answering  it  I  wanted  exact  information  about  it.  I  went  to 
the  library  for  that  purpose,  and  met  Mr.  Wallis,  and  Mr.  Wallis  lold 
me  how  the  City  of  London  was  supplied  with  water.  I  wan  tell  the 
authorities,  and  he  went  and  got  some  large  volumes  and  brought 
Ijiem  to  me,  and  I  found  what  I  wanted,  and  I  had  the  books  carried 
into  the  Assembly,  and  I  found  that  he  was  right  on  that. 

Q.  What  books  did  he  furnish  you?  A.  I  do  not  remember  the 
titles;  they  were  large  volumes  giving  the  history  of  the  water 
supply  of  London. 

Q.  And  of  the  different  cities  in  the  world  ?  A.  Yes,  including 
London. 

Q.  Works  devoted  to  the  subject  of  city  water  supplies?  A.  Yes, 
chiefly. 

Q,.  That,  you  say,  was  a  matter  that  was  at  that  time  under  discus- 
sion?   A.  It  was  under  discussion  in  the  Assembly. 


193 

Q.  And  that  matter  was  one  of  considerable  importance  in  the 
Legislature?     A.  I  so  thought. 

Q.  And  a  good  many  others  thought  so,  did  they  not?  A.  Yes,  I 
remember  very  well,  if  you  will  pardon  me,  that  the  information  I 
got  from  Mr.  Wallis  and  from  the  books,  enabled  me  to  slaughter 
some  of  my  opponents  on  that  occasion. 

Q.  You  came  off  victorious;  that  is  what  makes  you  remember  it? 
A.  Yes. 

Q.  What  information  did  you  get  from  Mr.  Wallis  outside  of  what 
you  found  in  the  books?  A.  Well,  I  do  not  know;  I  do  not  remem- 
ber that  I  ever  gained  any  information  from  him  that  was  contradic- 
tory to  the  text. 

Q.  It  was  simply  stating  to  you  what  you  would  find  in  the  books? 
A.  Yes,  in  substance. 

Q.  Can  you  give  us  any  other  instance?  A.  Well,  I  do  not  recall 
any  other ;  I  might,  perhaps,  if  I  would  study  about  it  for  awhile. 

Q.  In  your  intercourse  with  Mr.  W\allis,  did  you  ever  have  occa- 
sion to  discuss  any  literary  subjects?  A.  I  must  have  done  so,  I 
should  say. 

Q.  Do  you  remember  whether  you  did  or  not?  A.  If  you  ask  me 
that  flatly,  I  should  say  I  certainly  did,  but  if  you  wanted  an  illus- 
tration, I  probably  could  not  give  it  to  you,  because  my  mind  does 
not  now  travel  over  the  subject. 

Q.  What  was  the  matter  under  discussion?  A.  Well,  I  am  not 
able  to  put  my  finger  on  it. 

Q.  I  am  asking  you  this  question  for  the  purpose  of  ascertaining 
whether  you  learned  anything  about  his  literar}^  acquirements?  A. 
Well,  I  know  of  dozens  of  cases  with  reference  to  the  derivations  of 
words,  and  of  the  particular  meaning  of  words  in  bills  that  came  up 
before  my  committee.  I  was  Chairman  of  the  Committee  of  Ways 
and  Means,  and  some  very  important  bills  came  before  us,  and  in 
going  through  the  bills  we  would  often  find  words  that  I  thought 
were  used  doubtfully,  and  I  often  referred  to  Mr.  Wallis,  and  always 
with  great  happiness  to  myself,  getting  the  derivation  and  the  real 
signification. 

Q.  Did  you  prefer  Mr.  Wallis'  authority  to  that  of  Webster  or 
Worcester?    A.  No. 

Q.  Why  did  not  you  refer  to  those  standard  authorities?  A.  In 
some  cases  the  ^to^d  could  not  be  found  there  at  all,  and  you  had  to 
go  to  the  Greek  or  Latin  to  obtain  it. 

Q.  Then  what  did  you  do,  when  you  could  not  find  it  in  either 
Worcester  or  Webster?  A.  I  went  to  Mr.  Wallis,  and  he  very  soon 
put  me  on  the  right  track. 

Q.  You  mean  to  say  that  such  words  as  you  could  not  find  in 
Webster  or  Worcester  he  was  perfectly  familiar  with?  A.  No,  I  do 
not  say  that. 

Q.  '^Phen  what  do  you  mean  to  say?  A.  I  saj'^  that  frequently  he 
was  able  to  put  me  on  the  right  track. 

Q.  Would  he  trace  back  those  words  to  the  original  Greek  signifi- 
cations? A.  I  cannot  say  with  reference  to  the  Greek.  He  often 
did  it  in  reference  to  the  Latin. 

25 


194 

Q.  He  understands  the  Latin  language?  A.  That  I  cannot 
answer.  I  never  conversed  with  him  on  that  subject,  but  I  know 
that  he  very  often  went  to  the  Latin  roots  of  words — very  frequently. 

Q.  Did  you  make  up  your  mind  that  he  understood  the  Latin 
language? 

Objected  to. 

Q.  Did  you  have  any  such  relations  with  Mr.  Wallis  that  you 
learned  from  the  books  that  he  brought  to  you  that  he  must  neces- 
sarily have  understood  the  Latin  language?  A.  Well,  there  is  an 
impression  on  my  mind  that  he  had  some  fair  knowledge  of  the 
Latin  language. 

Q.  What  are  the  facts  about  it?  A.  I  have  given  you  the  facts, 
that  I  went  often  to  him  and  he  carried  me  to  the  Latin  roots  of 
words.     He  often  carried  me  to  the  Latin  roots. 

Q.  Do  I  understand  you  to  say  that,  during  your  intercourse  with 
him,  you  became  satisfied  that  he  had  an  understanding  of  Latin? 

Objection  sustained. 


Testimony  of  William  Irwin. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — You  are  a  member  of  the  State  Board  of  Harbor 
Commissioners  at  present?     Answer — Yes. 

Q.  You  have  been  Governor  of  this  State?    A.  Yes. 

Q.  During  what  time?  A.  I  was  Governor  from  the  ninth  of 
December,  1875,  I  think,  until  the  first  Thursday  after  the  first 
Monda}'  in  January,  1880.  I  do  not  recollect  the  day  of  the  month 
now. 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  Mr.  Wallis,  the  State  Librarian  ?  A.  Yes,  I  know 
Mr.  Wallis. 

Q.  Had  you  frequent  intercourse  with  him  during  your  adminis- 
tration? A.  Yes,  during  the  period  that  he  was  in  the  library;  I 
think  during  the  whole  period.  Of  course  I  was  very  often  in  the 
library. 

Q,.  Will  you  state  what  you  know  of  his  knowlerke  of  the  library 
and  of  the  duties  of  the  office,  and  the  way  that  he  nas  administered 
the  duties  of  the  office,  so  far  as  your  information  extends  in  regard 
to  it,  and  your  personal  observation  ?  A.  Well,  I  think  Mr.  Wallis' 
acquaintance  is  very  good  with  the  books  that  are  in  the  library, 
and  the  places  that  they  occupy  in  the  library,  and  everything  of 
that  kind. 

Q.  What  has  been  Mr.  Wallis'  conduct  with  reference  to  deport- 
ment and  dignity  in  the  office  and  courtesy  towards  yourself  and 
other  visitors?  A.  Well,  Mr.  Wallis  has  always  extended  to  me  all 
the  courtesy  and  consideration  that  I  could  ask  or  expect,  and  he  has 
done  the  same  to  others,  so  far  as  my  observation  has  gone. 


195 

Q.  I  will  ask  you  if  you  can  call  to  mind  any  instance  where  you 
have  sought  information  from  Mr.  Wallis  on  matters  pertaining  to 
the  office?  A.  I  do  not  know  that  I  ever  sought  information  of  Mr. 
Wallis,  except  to  ask  him  for  books  that  I  desired.  When  I  have 
sought  books  he  has  always  either  got  them  himself  or  directed  some 
otlier  person  to  go  and  get  them  very  promptly.  I,  individually, 
have  always  received  all  the  attention  in  that  respect  I  could  ask 
from  any  one. 

No  cross-examination. 


Testimony  of  P.  H.  Ryan. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKsoN — Wliere  do  you  reside?  Answer — At  Eureka,  Hum- 
boldt County,  California. 

Q.  You  are  at  present  one  of  the  State  Senators  from  your  county  ? 
A.  I  represent  t)ie  Twenty-seventh  Senatorial  District  in  the  State 
Senate. 

Q.  What  positions  have  you  filled  under  the  State  Government  in 
past  years?  A.  I  was  Engrossing  Clerk  of  the  Senate  one  session, 
the  first  session  in  Governor  Irwin's  administration,  I  think  1875-6. 
Since  1879  I  have  been  a  member  of  the  State  Senate. 

Competency  and  Deportment  of  Librarian. 

Q.  You  know  Mr.  Wallis,  the  State  Librarian  ?     A.  Yes. 

Q.  How  long  have  you  known  him?  A.  Well,  I  met  him  at  the 
State  Capitol  at  the  various  times  I  have  been  there,  both  as  Engross- 
ing Clerk  and  Senator. 

Q,  State  any  facts  that  j'ou  know  in  reference  to  his  qualifications 
for  that  position?  A.  I  do  not  know  whether  I  am  a  proper  person 
to  judge  of  qualifications. 

Q.  From  the  facts  that  have  come  under  your  observation  ;  from 
your  standpoint  ?  A.  I  always  found  Mr.  AVallis  there,  and  I  always 
found  him  courteous  and  obliging,  and  anything  I  ever  wanted  in 
connection  with  my  business  in  the  library  he  always  was  very 
willing  to  give  me  any  aid  that  he  could.  If  I  wantecl  a  book  ]\Ir. 
Wallis  found  it  for  me  at  once.  He  seemed  to  me  to  be  a  xery  valu- 
able person  in  that  position. 

Q.  Did  beseem  ready  to  give  you  information?  A.  Yes;  alwaj's 
so  far  as  I  am  personally  concerned. 

Q.  Did  he  seem  to  understand  his  duties?  A.  I  should  think  so; 
yes. 

Q.  From  the  manner  in  which  he  responded  to  your  requests? 
A.    I  should  judge  so;  yes,  that  would  be  my  opinion. 

Mr.  J.  S.  Wallis — When  you  called  upon  him  for  information 
on  any  subject,  was  he  capable  and  did  he  ever  give  you  the  informa- 
tion without  reference  to  any  authority  ?  A.  I  do  not  remember  of 
ever  asking  Mr.  Wallis'  opinion  upon  any  question.     Perhaps  I  may 


196 

have  in  casual  conversation,  but  I  do  not  remember  it.  I  have 
frequent!}^  gone  there  for  books — both  the  statutes  of  this  State  and 
those  of  other  States,  and  for  certain  laws,  I  think,  at  times — and  he 
found  them  for  me.  I  have  also  gone  there  for  decisions  of  the 
Supreme  Court  of  this  State  and  of  other  States,  and  Mr.  Wallis  liad 
invariably  shown  a  willingness,  and  seemed  to  be  very  willing,  to 
accord  any  information  that  I  sought  in  that  way. 

Q.  He  showed  a  familiarity  with  ail  books  pertaining  to  the 
library?  A.  I  think  so;  yes;  it  appeared  so  to  me.  I  do  not  know 
whether  I  am  a  competent  person  to  judge  as  to  his  qualifications  in 
that  matter  or  not. 

•  Cross-examination. 

Mr.  HoLL — Give  us  some  instance  that  occurred  that  made  an 
impression  on  your  mind  that  he  was  perfectly  familiar  with  the 
library  and  its  contents?  A.  I  do  not  know  that  I  can  recall  any 
particular  instance.  It  seemed  to  be  his  course  always,  from  the 
time  that  I  was  connected  with  the  Legislature.  I  have  been  in 
there  frequently,  and  when  I  met  Mr.  Wallis,  when  I  was  Engross- 
ing Clerk,  he  was  a  stranger  to  me,  and  I  did  not  even  know  his 
name;  but  I  found  hiiu  there  in  connection  with  the  library,  and  I 
found  him  very  ready  to  give  me  any  information  that  I  wanted. 
I  supposed  that  that  was  his  duty. 

Q.  So  far  as  you  are  concerned,  his  civilitj',  and  readiness,  and 
willingness  to  serve  you  is  about  all  you  know  of  him?  A.  Yes, 
my  acquaintance  with  him  extends  only  to  that. 

Q.  As  to  what  information  he  may  have  upon  any  general  subjects, 
do  you  know  anything  about  that?  A.  I  do  not.  I  do  not  remem- 
ber ever  having  interchanged  views  with  him  or  asked  his  opinion 
about  anything.     If  I  ever  have  I  do  not  remember  it. 


Testimony  of  J.  F.  Wendell. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  J.  S.  Wallis — Where  do  you  reside?  Answer — My  office  is 
in  San  Francisco,  and  my  residence  is  in  Solajio  County,  at  Suisun. 

Q.  What  is  your  occupation  ?     A.   Lawyer. 

Q.  During  the  past  teji  years  have  you  occupied  any  public 
position,  and  if  so,  what?  A.  I  was  State  Senator  during  1880  and 
1881. 

Comjjeteyicy  and  Deportment  of  Librarian. 

Q.  Are  you  acquainted  with  Talbot  11.  Wallis,  the  State  Librarian? 
A.  Yes,  I  have  been  acquainted  with  him  for  several  years  past. 

Q.  In  your  official  and  private  cai)acity  have  you  had  occasion, 
during  the  period  I  refer  to,  to  visit  the  State  Library  for  any  pur- 
pose? A.  Yes,  I  visited  it  quite  frequently.  While  at  Sacramento 
I  visited  it  daily  almost. 


197 

Q.  What  was  the  conduct  of  Mr.  Wallis,  and  liis  deportment 
towards  you  and  others,  in  the  library?  A.  Well,  I  always  found 
him  very  attentive  and  very  obliging.  When  I  first  went  to  tiie 
State  Library  it  was  before  I  was  elected  to  the  State  Senate.  For 
several  years  I  had  occasion  to  go  up  there,  more  or  less  each  year, 
to  be  in  attendance  on  tiie  Supremrc  Court,  or  on  business  in  the 
Land  Office,  or  in  some  of  the  departments  about  the  State  Capitol, 
and  if  I  had  any  leisure  time  I  was  in  the  habit  of  going  into  the 
library  and  spending  my  time  there;  and  that  was  before  I  was 
personally  acquainted  with  Mr.  Wallis,  that  is  to  know  who  he  was. 
I  thought  he  was  exceedingly  obliging  and  attentive  to  myself,  when 
I  was  but  a  comparative  stranger  to  liim,  as  well  as  to  others  who 
came  in  there.  Afterwards,  while  I  was  a  State  Senator,  of  course, 
being  in  the  same  building  and  attending  daily  sessions,  1  had 
occasion  to  use  the  library  every  day.  I  know  that  he  was  of  a  great 
deal  of  service,  both  to  myself  and  to  other  members  of  the  Legis- 
lature. 

Q.  Did  you  have  occasion  to  call  upon  him  for  information  or 
authorities  upon  any  subjects?  A.  Yes;  my  intercourse  was  more  of 
course  with  relation  to  the  law  department  of  the  library,  and  in  that 
I  know  that  Mr.  Wallis  showed  a  great  deal  of  fiimiliarity  with  the 
cases  and  the  decisions — I  thought  an  unusual  familiarity  for  a  per- 
son who  is  not  a  lawyer.  I  would  go  to  him  and  ask  for  ai;tliorities 
on  certain  propositions,  or  I  would  ask  him  where  I  could  find  cer- 
tain works  or  certain  decisions,  and  he  would  say  in  such  a  volume 
of  reports,  for  instance. 

Q.  In  your  interviews  with  him  you  found  him  as  familiar  with 
the  subject-matter  of  your  investigation  as  with  the  authors  and  the 
books  and  the  places  where  they  were  to  be  found  in  the  library,  did 
you?  A.  I  think  so.  I  think  in  the  law  department  he  seemed  to 
understand  where  all  the  books  were.  Of  course,  in  the  library  the 
arrangement  would  be  changed  at  different  times,  and  whenever  I 
would  ask  Mr.  Wallis  where  he  kept  such  a  book,  he  always  directed 
me  where  the  book  was. 

Q.  In  applying  to  him  for  any  information  on  any  subject,  would 
he  at  any  time  give  you  the  information  without  reference  to  any 
authority?  A.  In  law  matters,  yes.  I  had  very  little  do  about  other 
matters,  but  I  always  thought  that  he  was  familiar  with  that  depart- 
ment, so  far  as  I  had  any  occasion  to  talk  with  him. 

Cross-examination. 

Mr.  HoLL — The  miscellaneous  library  you  have  not  had  much  to 
do  with?  A.  Not  much.  There  is  a  branch  that  I  had  a  sort  of 
peculiar  taste  for — Niles'  Registers  and  Biographies — and  I  know 
that  he  always  seemed  familiar  with  it.  I  would  call  on  him  to  know 
where  certain  books  were,  or  a  certain  ckiss  of  books,  and  he  always 
directed  me  without  difficulty. 

Q.  Beyond  the  fact  of  his  being  able  to  find  the  works,  showing  a 
familiarity  with  the  mechanical  arrangement  of  the  library,  what 
other  information  did  he  ever  furnish  you — in  the  Law  Library,  I 


198 

mean?  A.  Well,  for  instance,  a  point  came  up  in  the  discussion  on 
the  revenue  bill,  and  I  remembered  cases  that  had  been  cited  by  our 
Court,  and  cases  that  had  been  decided  bj^  the  Supreme  Court  of  the 
United  States,  and  other  Courts,  bearing  on  that  question.  We  had 
a  great  deal  of  discussion  as  to  the  constitutionality  of  the  various 
revenue  bills,  and  there  were  Other  matters,  and  those  cases  each 
struck  me  that  he  was  verj^  familiar  with  them,  for  a  person  that  was 
not  a  lawyer. 

Q.  That  was  a  subject-matter  that  was  very  much  investigated  ? 
A.  That  was  more  so,  of  course,  than  others.  I  think  there  were  a 
great  many  other  cases,  but  there  were  none  that  impressed  them- 
selves as  much  on  my  mind  as  those  cases. 

Q.  There  would  be  naturally  a  great  many  Senators  and  Repre- 
sentatives in  the  same  condition  that  you  were  in  who  would  investi- 
gate that  subject,  and  they  would  necessarily  go  to  the  library  to  get 
the  information.     That  is  so,  is  it  not?     A.  Yes;  that  is  so. 

Q.  Then  that  particular  subject-matter,  and  the  decisions  that  had 
been  rendered  upon  it,  and  the  authorities  of  text  writers  upon  con- 
stitutional questions  of  taxation,  would  be  a  matter  investigated  to 
a  considerable  extent  in  the  library?  A.  Well,  that  would  be  so,  of 
course.  Some  questions  have  been  investigated  much  more  than 
others,  but,  as  I  said  before,  there  were  different  questions,  and  this 
w'as  impressed  more  strongly  on  my  mind,  because  I  paid  more  atten- 
tion to  it  perhaps. 

Q.  What  other  questions  do  you  think  of?  A.  Well,  we  had,  dur- 
ing the  second  session,  the  question  of  the  constitutionality  of  the 
tax  levy,  and  I  suppose  you  have  heard  of  the  "slickens"  question, 

Q.  Yes;  we  have  had  a  little  information  around  Sacramento  about 
"slickens."  A.  I  thought  it  was  unusual  for  a  person  occupying  that 
position,  and  not  an  attorney  at  law,  to  have  as  much  familiarity 
W'ith  the  laws  and  with  the  principles  of  decisions.  I  do  not  mean 
simply  referring  to  the  title  of  a  case,  or  to  saj'  that  such  a  case  is  in 
such  a  book,  but  I  mean  a  familiarity  with  the  principles  decided  by 
those  different  cases.  That,  I  thought,  required  some  mental  acquire- 
ments. 

Q.  A  man  who  had  been  in  that  position  for  ten  or  twelve  years, 
and  who  had  frequently  been  called  upon  b}' attorneys  for  books  that 
contained  decisions  upon  those  subjects — would  it  be  at  all  strange 
that  he  should  know  some  little  about  it?  A.  I  think  a  good  many 
lawyers,  if  they  had  been  in  the  library,  could  not  afford  as  satisfac- 
tory information  on  those  subjects  as  Mr.  Wallis  did. 

Q.  What  makes  you  think  that?  A.  Well,  as  I  said,  his  acquaint- 
ance with  the  principles  of  the  cases.  He  was  able  to  make  a  state- 
ment in  substance  of  what  the  case  was  and  to  tell  what  was  decided 
by  it.  Of  course,  I  understand  that  any  one  might  refer  to  the  simple 
title  of  a  case. 

Q.  Outside  of  the  Law  Library  did  you  ever  have  occasion  to  dis- 
cuss matters  of  science,  literature,  history,  biography,  or  subject- 
matters  of  that  kind  with  him?  A.  No;  I  do  not  know  that  I  ever 
had  any  discussion  with  him.  In  fact,  there  are  ver\^  few  men  that 
I  can  say  that  I  ever  had  discussions  with  on  any  of  those  subjects. 


199 

Of  course,  tlicre  are  references,  in  conversation  among  gentlemen,  to 
historical  matters  sometimes,  and  to  poetical  or  literary  matters.  I 
thought  that  Mr.  Wallis  seemed  familiar  enough.  I  never  knew  him 
to  betray  any  ignorance  on  those  subjects. 

Q.  Do  you  recollect  having  any  discussion  in  which  he  displayed 
any  intelligence  or  any  i)articular  knowledge  on  any  subject  of  that 
kind?  A.  As  I  said,  there  never  has  been  any  conversation  between 
us,  or  any  special  discussion  that  I  remember  of,  about  literary  or 
scientific  subjects,  but  in  allusions  to  any  of  these  matters,  or  to  lit- 
erary matters,  and  authors,  and  quotations,  etc.,  I  never  noticed  any 
ignorance  on  Mr.  Wallis'  part.  I  thought  his  conversation  was  that 
of  an  educated  gentleman. 

Q.  Have  you  any  recollection  now  of  any  instance  where  anything 
of  that  kind  occurred,  or  is  it  merely  a  general  impression?  A.  It 
is  a  general  impression. 

Q.  You  cannot  recollect  any  circumstance  of  that  kind?  A.  I  do 
not  know  that  I  can. 

Q.  You  simply  know  that  no  impression  was  made  on  your  mind 
by  Mr.  Wallis  that  he  was  particularly  wanting  in  intelligence 
upon  those  subjects?  A.  Of  course.  Understand,  that  if  you  are 
acquainted  w-ith  a  gentleman  and  see  him  frequently  and  converse 
with  him,  you  form  a  general  impression  as  to  his  qualifications  and 
attainments,  and  as  I  said,  Mr.  Wallis  always  impressed  me  that  he 
was  fully  competent  for  that  position,  and  that  he  showed  an  intelli- 
gent interest  in  the  library  and  in  its  welfare. 


Testimony  of  G.  J.  Carpenter. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — What  is  your  profession?  Answer — Practicing 
attorney. 

Q.  You  are  one  of  the  Railroad  Commissioners  of  this  State?  A. 
I  am;  that  is  generally  known,  I  guess. 

Q.  You  have  been  a  member  of  the  Legislature  within  the  last  few 
years  in  this  State?  A.  Well,  I  have  almost  forgotten  when  I  was  a 
member  last ;  1875,  I  think  it  was. 

Q.  From  what  county?    A.  El  Dorado. 

CoinjDetency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Talbot  H.  Wallis,  the  State  Librarian?    A.  I  do, 

Q.  How  long  have  you  known  him?  A.  I  think  about  ten  or 
twelve  years. 

Q.  During  that  period  has  your  business  called  you  frequently  to 
the  State  Library  and  in  contact  with  Mr.  Wallis?  A.  Well,  I  have 
been  there  several  times,  possibly  as  often  as  most  attorneys. 

Q.  During  the  time  you  were  a  member  of  the  Legislature  did  your 
business  call  you  there  frequently  ?    A.  Well,  when  I  was  a  member 


200 

of  the  Legislature,  I  do  not  think  that  I  visited  the  librarj"^  very 
often  ;  I  made  use  of  the  Pages  a  great  deal,  and  sent  for  books  ;  I  was 
in  there,  however,  occasionally,  and  sometimes  I  was  seeking  for  cer- 
tain books  myself. 

Q.  Did  3'ou  ever  seek  information  from  Mr.  Wallis?     A.  I  have. 

Q.  Just  state,  if  you  please,  what  you  know  of  his  qualifications 
for  that  position  ?  A.  Well,  in  a  general  wa,y,  which  is  the  only  way 
that  one  can  state  transactions  from  time  to  time  running  through 
several  years,  I  have  always  found  him  very  accommodating,  and 
seeming  to  have  a  general  and  intelligent  comprehension  of  his 
duties. 

Q.  Courteous  and  accommodating  to  yourself  and  others  in  your 
presence?  A.  Always.  I  thought  exceedingly  so,  and  exceptionally 
so. 

Cross-examination. 

Mr.  HoLL — I  understand  you  to  say  that  you  have  gone  to  the 
library  and  sought  information  through  Mr.  Wallis,  or  from  Mr.  Wal- 
lis? A.  I  do  not  desire  to  be  understood  as  asking  him  questions 
going  to  his  knowledge  of  books,  and  of  the  contents  of  the  books. 

Q.  That  is  what  I  wanted  to  know,  if  you  did  that?  A.  No;  I  do 
not  recollect  to  have  done  so;  I  may  have;  but  I  have  frequently 
gone  to  him  for  books,  and  have  asked  him  for  them  by  title,  and 
have  always  found  him  very  ready,  and  seemingly  intelligent. 

Q.  Tliat  is,  intelligent  to  the  extent  of  knowing  where  the  books 
were  kept,  and  being  able  to  find  them?  A.  ^'^es;  being  able  to  find 
then],  and  producing  them  very  quickly. 

Q.  Being  civil  in  his  conduct  and  ready  to  serve  you?    A.  Always. 

Q.  That  is  about  the  extent  of  what  you  know  of  Mr.  Wallis  as  a 
Librarian?  A.  That  is  about  the  extent.  Of  course,  I  have  had 
private  conversations  with  him,  and  I  have  known  him  personally 
outside  of  the  library. 

Mr,  HiNKSON — You  remember  any  circumstance  where  he  assisted 
you  in  looking  up  authorities  on  any  question  relating  to  statistics? 
A.  I  was  trying  to  think.  I  have  a  dim  recollection  of  things  of  that 
kind,  but  I  cannot  fix  the  time  nor  the  occasion'.  I  have  no  doubt 
in  the  world  that  I  have  asked  him  questions  concerning  books,  and 
what  books  he  thought  I  could  find  in  the  library  touching  some  ques- 
tions that  I  was  interested  in  and  was  trying  to  elaborate  upon,  but  I 
do  not  recollect  time  or  occasion. 


Testimony  of  Stephen  G.  Nye. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  J.  S.  Wallis — Where  do  you  reside?     Answer — Li  Alameda 
County.     My  business  is  in  Oakland. 

Q.  What  is  your  occupation?    A.  Lawyer. 

Q.  During  the  past  ten  years  have  you  held  any  public  position, 


201 

and  if  so,  what?  A.  Well — within  ten  years — I  was  County  Judge 
of  Alameda  County  from  1867  to  1878,  when  I  resigned.  In  1879  I 
was  elected  to  the  Senate,  and  was  in  the  Senate  in  1880  and  1881. 

Competency  and  Deportment  of  Librarian. 

Q.  During  that  period  had  you  any  occasion  to  visit  the  State 
Library?  A.  In  the  Winters  of  1880  and  1881,  very  frequently — 
daily,  almost. 

Q.  Were  you  acquainted  with  tlie  Librarian,  Talbot  H.  Wallis? 
A.  Yes;  he  was  deputy,  I  think,  then.  I  know  he  was.  He  was  in 
the  law  department,  and  I  became  acquainted  with  him  to  know  who 
he  was,  in  the  Winter  of  1880. 

Q.  Will  you  state  generally  your  knowledge  of  his  competency 
and  his  knowledge  of  what  the  library  contained,  and  also  as  to  his 
conduct  towards  yourself  and  others  who  visited  the  library  in  your 
presence  during  the  time  that  you  visited  the  library?  A.  My  visits 
to  the  librai'y  were  almost  solely  to  the  law  department.  I  was  Chair- 
man of  the  Judiciary  Committee  of  the  Senate  in  the  Winter  of  1880, 
and  that  being  the  hrst  session  after  the  adoption  of  the  new  Consti- 
tution, there  were  a  multitude  of  questions  and  bills  referred  to  the 
Judiciary  Comniittee  on  constitutional  questions,  and  my  position 
as  Chairman  involved  a  good  deal  of  personal  labor,  and  I  began  with 
the  idea  of  looking  up  all  those  questions  myself;  but  I  found  that 
Mr.  Wallis  was  very  ready  to  assist,  and  I  turned  the  work  over  to 
him,  largely,  in  hunting  authorities,  and  I  found  him  of  invaluable 
assistance,  and  I  thought  him  the  most  competent  man  I  had  ever 
met  in  work  of  that  kind — in  hunting  authorities,  and  the  judicious 
selection  of  authorities  that  bore  on  a  case. 

Q.  In  your  interviews  with  him  did  you  find  him  as  familiar  with 
the  subject-matter  of  your  investigations  as  with  the  names  of  the 
authors  and  of  the  books  and  the  places  where  they  could  be  found 
in  the  library?  A.  It  seemed  to  me  so,  yes;  so  much  so  that  I 
imposed  upon  him,  perhaps,  work  in  my  private  capacity  as  a  law- 
yer that  I  need  not  liavedone.  In  the  Winter  of  1881  I  had  a  couple 
of  very  important  cases — one  involving  the  settlement  of  a  partner- 
ship, where  one  of  the  partners  had  died;  and  another  to  ascertain 
the  law  as  to  how  far  a  deed  made  before  death  would  operate  in  the 
place  of  a  will,  or  whether  it  would  operate — and  being  in  the  Legis- 
lature, and  not  having  time  to  look  them  up,  I  turned  over  the  ques- 
tions and  the  labor  of  hunting  authorities  to  bear  on  the  subject,  to 
Mr.  Wallis,  and  I  afterwards  verified  them  by  hunting  up  everything 
that  I  could  find,  and  I  thought  he  had  exhausted  the  subjects.  I 
found  no  new  authorities, and  his  comments  and  memorandum  which 
he  gave  me  indicated  to  me  that  he  had  particularly^  good  discrimi- 
nation in  determining  what  applied  to  cases.  My  general  idea  was 
that  he  was  exceedingly  competent  in  the  law  department. 

Q.  When  you  applied  to  him  for  information  upon  any  subject 
did  you  find  him  ready  to  give  you  a  reply  without  referring  to  the 
authorities  ?    A.  Yes,  always  ready.    He  could  always  give  me  some 

26 


202 

idea  of  where  I  could  find  references  to  the  subject  and  where  it 
was  treated. 

Q.  Would  he  at  the  same  time  be  able  to  give  you  any  information 
in  addition  on  the  subject?  A.  Yes,  that  is  what  I  intended  to 
convey  by  my  answer,  and  that  is  why  my  attention  was  called  to 
him.  I  always  thought  he  was  the  right  man  in  the  right  place  in 
that  department.  I  have  been  in  the  Law  Library  a  great  deal,  and 
I  found  him  the  most  efficient  man  I  ever  met  in  a  Law  Library. 
I  think  that  I  express  the  universal  opinion  when  the  subject  was 
brought  up,  and  I  have  referred  attorneys  frequentlj^  to  him  to  assist 
them. 

Q.  You  did  that  because  of  your  knowledge  of  hira  and  the 
information  that  you  had  received  of  him  ?    A.    Yes. 

Q.  And  his  competency?  A.  Yes.  Of  course  I  formed  that 
opinion,  in  the  first  place,  from  my  knowledge  of  him  in  1880. 

Cross-examination. 

Mr.  HoLL — Outside  of  the  Law  Library,  have  you  any  knowledge, 
gained  through  intercourse  with  Mr.  Wallis,  as  to  the  extent  of  the 
information  that  he  possesses  of  the  library  and  its  contents,  or  as 
to  his  knowledge  on  general  subjects?  A.  No,  I  have  not.  I  never 
had  occasion,  and  I  do  not  think  that  I  ever  consulted  authorities. 
Yes,  I  will  say  that  I  had  on  one  occasion.  There  was  a  bill  before 
the  Legislature  once,  with  regard  to  investigating  the  water  supplies 
of  the  San  Joaquin  Valley,  with  a  view  of  making  appropriations, 
and  with  regard  to  that  I  wanted  to  look  up  tlie  irrigation  question, 
and  find  out  what  had  been  done  in  other  cases,  and  I  applied  to 
him  to  know  wliere  I  could  find  authorities  on  that  question,  and  he 
referred  me  to  the  department  and  picked  out  the  books  which  gave 
me  the  information. 

Q.  That  is  the  only  instance  where  you  had  occasion  to  call  upon 
him  outside  of  the  law  department?  A.  That  is  the  only  thing  I 
remember  now,  outside  of  the  law  department. 

Q.  Now,  I  understand  you  to  say,  tliat  when  you  would  give  him 
a  subject  some  time,  upon  which  you  wanted  authorities,  he  made 
what  lawyers  might  call  a  brief,  or  points  and  authorities,  for  you  ? 
A.  Yes. 

Q.  In  that  you  found  him  efficient?    A.  Very  much  so. 

Q.  And  ready  to  serve  you?    A.  Yes,  always  ver}''  obliging. 


Testimony  of  J.  H.  Culver. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?    Answer — In  San  Francisco. 
Q.  What  is  your  business?     A.  Secretary  of  the  Industrial  Expo- 
sition of  the  Mechanics'  Listitute. 


203 

Competency  and  Deportment  of  Librarian. 

Q.  Do  you  know  Talbot  H.  Wallis?    A.  Yes. 

Q.  How  long  have  you  known  him?  A.  I  have  known  him,  I 
think,  about  four  or  five  years. 

Q.  Have  you  had,  during  that  period,  any  business  transactions 
with  him  in  his  otlieial  capacity?     A.  Well,  to  a  certain  extent,  yes. 

Q.  In  what  way?  A.  By  visiting  the  library  and  asking  for  infor- 
mation at  various  times  in  regard  to  matters. 

Q.  Have  your  visits  to  the  library  been  frequent  during  that  f)eriod? 
A.  Yes. 

Q.  State  what  you  know  about  his  ciualifications  for  that  position? 
A.  Well,  I  should  not  consider 

Q.  I  will  ask  you  if  you  have  had  any  experience  yourself  in  the 
management  of  libraries?  A.  Well,  I  have,  but  not  particularly. 
I  have  been,  of  course,  connected  with  the  Mechanics'  Institute  for 
many  years,  and  my  business  being  in  the  building,  I  am  in  the 
library  almost  every  day. 

Q.  Please  state  what  you  know  of  Mr.  Wallis'  qualifications  for 
that  position?  A.  Well,  I  consider  them  good.  I  consider  him  an 
excellent  Librarian — always  courteous  and  ver3^  ready  to  give  infor- 
mation. 

Q.  Upon  what  facts  do  you  base  that  oi)inion?  A.  Personal  obser- 
vation. 

Q.  What  has  been  Mr.  Wallis'  conduct  with  reference  to  his  deport- 
ment and  dignity  in  office  and  courtesy  to  yourself  and  other  visitors? 
A.  It  has  been  good. 

Cross- examination. 

Mr.  Hoi.L — How  long  do  you  say  you  have  known  Mr.  Wallis?  A. 
I  think  it  is  about  four  or  five  years.  It  was  the  session  of  the  Leg- 
islature of  1880,  I  think. 

Q.  How  frequently  have  you  been  in  the  library  since  that  time? 
A.  Well,  I  have  been  at  Sacramento  during  the  last  three  sessions 
of  the  Legislature,  and  it  is  onl}^  during  the  sessions  that  I  have 
been  there,  but  in  those  times  I  used  to  visit  the  library  almost  every 
day. 

Q.  Give  us  some  instance  that  impressed  your  mind  and  convinced 
you  that  he  is  a  competent  Librarian?  A.  Well,  I  cannot,  perhaps, 
give  any  special  instances  more  than  whenever  I  have  been  in  there 
I  have  always  found  him  ready  to  answer  inquiries,  and  in  a  gen- 
eral way  was  courteous.  I  cannot  ver}'^  well  give  instances,  but  you 
understand  that  when  a  man  goes  in  there  and  he  is  always  ready 
and  willing,  and  seemingly  anxious  to  do  everything  that  he  can 

Q.  Courtesy  and  civility  alone  do  not  exactly  constitute  a  good 
Librarian  ?     A.  Not  alone. 

Q.  Outside  of  that  what  facts  do  you  base  your  opinion  upon?  A. 
On  his  general  knowledge  of  the  books  contained  in  the  library. 

Q.  Give  us  some  instances  to  show  Mr.  W^allis'  familiarity  with  the 
library  and  its  contents?  A.  I  do  not  think  that  I  could  give  any 
special  instance. 


204 

Q.  Did  you  ever  have  any  talk  or  discussions  with  him  upon  any 
literary  subjects?  A.  I  think  I  have  conversed  a  number  of  times 
in  regard  to  the  rules  and  regulations  and  management  of  libraries. 
I  cannot  say  positively,  but  I  think  we  have.  We  used  to  have  con- 
versations often  in  regard  to  such  matters. 

Q.  Did  you  ever  have  any  discussions,  or  talks,  with  him  in  refer- 
ence to  any  other  libraries  in  the  United  States,  or  in  other  coun- 
tries? A.  I  do  not  know  whether  I  have  or  not.  I  presume  that  I 
have. 

Q.  Well,  did  you — I  want  to  know  what  you  remember?  A.  I 
remember  of  speaking  to  him  in  regard  to  different  libraries  in  the 
East.  I  had  recently  visited  the  Eastern  States,  and  had  visited  the 
librar}^  at  Washington  and  other  libraries,  and  I  remember  having 
conversations  with  regard  to  those  libraries. 

Q.  When  was  that?  A.  In  1880;  I  remember  it  was  at  that  time, 
because  it  was  but  a  year  or  two  before  that  I  had  been  East. 

Q.  You  told  him  what  you  had  seen — was  that  the  substance  of 
your  conversation?  A.  That  was  about  the  substance.  We  spoke 
in  a  general  way  about  the  different  libraries,  and  about  our  library 
here  in  San  Francisco. 

Q.  The  subject-matter  of  your  conversation  was  in  telling  him 
what  you  had  seen  in  other  cities  and  at  other  places?  A.  I  presume 
that  was  about  the  substance. 

Q.  Did  you  ever  discuss  with  him  any  matters  of  history?  A.  I 
do  not  think  I  did;  I  do  not  remember. 

Q.  Or  general  literature?     A.  I  do  not  remember. 

Q.  Then,  from  your  own  knowledge,  j'ou  do  not  know  how  much 
information  he  has  upon  miscellaneous  subjects  of  that  kind?  A.  I 
could  not,  any  more  than  by  my  asking  him  at  various  times,  per- 
haps, where  certain  books  were  to  be  found  in  the  library. 

Q.  And  when  you  made  such  inquiries  he  has  always  found  you 
such  works?     A.  Yes,  and  he  could  answer  such  questions. 

Q.  As  to  his  knowledge  of  the  contents  of  the  books,  do  you  know 
anything  about  that?  A.  Not  except  in  my  general  conversation 
with  him.  I  should  consider  him  a  well  informed  person  on  gene- 
ral subjects. 

Q.  You  cannot  now  repeat  any  instance  where  you  had  a  discus- 
sion with  him?     A.  I  cannot. 

Q.  Or  the  substance  of  any  discussion  that  made  any  impression 
on  your  mind  ?    A.  No. 

Mr.  J.  S.  Wallis — Have  you  any  recollection  of  ever  making 
application  to  him  for  information  on  any  subject  when  he  answered 
you  without  reference  to  books  or  authorities?  A.  I  cannot  recol- 
lect it. 


Testimony  of  A.  L.  Chandler. 

Called  for  the  defense,  sworn. 

Mr.  J.  S.  Wallis — Where  do  you  reside  ?    Answer— In  Oakland 
at  present. 


205 

Q.  What  is  your  occupation?     A.  I  am  a  farmer. 
Q.  During  tiie  past  five  years  have  you  occupied  any  State  office? 
A.  I  have  been  in  the  Legislature  several  times. 

Competency  and  Deportment  of  Librarian. 
• 

Q.  Have  j^ou  liad  occasion  to  visit  the  State  Library  during  that 
time  for  any  purpose,  public  or  private?     A.  Quite  frequentl.y. 

Q.  Are  you  acquainted  with  Talbot  H.  Wallis,  the  present  Libra- 
rian?    A.  I  am. 

Q.  State  what  his  conduct  and  demeanor  was  towards  you  and  oth- 
ers in  your  presence  when  you  visited  the  library?  A.  Uniformly 
gentlemanly  and  obliging. 

Q.  Did  you  ever  have  any  occasion  to  apjdy  to  him  for  information 
upon  any  subject,  or  for  books?     A.  I  did,  quite  frequently. 

Q.  What  was  the  result?  A.  I  was  always  referred  to  them,  and 
they  were  got  from  the  library,  usuallj^and  given  to  me  with  a  great 
deal  of  pleasure,  seemingly,  on  the  part  of  Mr.  Wallis. 

Q.  In  making  these  requests,  did  he  ever  give  you  the  information 
without  reference  to  books  or  authority?  A.  I  think  he  did;  at  least 
he  always  told  me  where  I  could  find  the  information,  or  books  on 
the  subject. 

Q.  Did  he  show  a  familiarity  with  the  subject-matter  of  your 
investigation  as  much  as  he  did  with  the  authors  and  the  books  and 
the  places  where  the  books  could  be  found?     A.  I  think  he  did. 

Cross-examination. 

Mr.  HoLL — What  instance  can  you  recollect  where  he  manifested 
an}''  knowledge  outside  of  the  books  you  were  in  pursuit  of?  A.  I 
do  not  know  that  I  can  give  you  any  particular  instance.  I  used  to 
go  in  there  and  ask  questions  in  regard  to  matters,  and  I  waited  to 
hunt  up  statutes  to  find  something  in  reference  to  bills  that  I  was 
interested  in,  and  he  always  seemed  familiar  with  them.  I  cannot 
remember  any  particular  instance.  ^ 

Q.  Your  business  was  principally  in  the  Law  Library,  was  it?  A. 
Yes,  usually. 

Q.  Did  you  ever  have  occasion  to  call  upon  him  for  anything  in 
the  miscellaneous  library?  A.  I  do  not  recollect  that  I  ever  did  par- 
ticularly. 

Q.  In  the  Law  Librarj^he  was  able  to  find  for  you  and  furnish  3'ou 
such  books  as  you  wanted?  A.  Yes;  usually  the  books  that  I  desired 
contained  the  statutes. 


Testimony  of  H.  Vrooman. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  J.  S.  Wallis — Where  do  you  reside?    Answer — In  Oakland. 

Q.  What  is  your  occupation?     A.  Attorney  at  law. 


206 

Q.  During  the  past  ten  years  have  you  occupied  any  State  office? 
A.  I  am  at  present  State  Senator  from  Alameda  County. 

Q.  Have  you  in  a  public  or  private  capacity  had  occasion  to  visit 
the  State  Library  during  the  several  years  last  past?     A.  Yes. 

Competency  and  Deportment  of  Librarian.  * 

Q.  Are  you  acquainted  with  Talbot  H.  Wallis,  the  present  Libra- 
rian?   A.  Yes. 

Q.  How  long  have  j^ou  known  him?  A.  I  cannot  tell  when  I  first 
met  him.  I  have  been  at  the  State  Librarj^  at  every  session  of  the 
Legislature  since  and  including  the  session  of  1873-4. 

Q.  During  your  acquaintance  with  him,  and  while  he  has  been 
connected  with  the  library,  have  you  had  occasion  to  apply  to  him 
for  information  upon  any  subjects?     A.  Yes;  very  frequently. 

Q.  What  has  been  the  result  of  your  application?  A.  He  has 
always  been  very  prompt  and  obliging  in  furnishing  me  information 
and  in  doing  everything  he  could  for  me  when  I  desired  information 
in  the  examination  of  books. 

Q.  In  making  your  requests  of  him  has  he  furnished  you  informa- 
tion upon  the  subject-matter  without  reference  to  the  authorities? 
A.  Yes;  and  also  when  I  desired  it  he  has  referred  me  to  authorities 
and  furnished  me  with  books  and  everything  of  that  kind. 

Q.  During  that  time  what  has  been  his  general  conduct  and  deport- 
ment towards  yourself  and  others  in  your  presence?  A.  Well,  it  has 
been,  I  would  say,  unobjectionable.  He  has  been  gentlemanly  iu 
his  conduct  and  deportment  towards  me  and  towards  others  in  my 
presence. 

Q,.  State  your  knowledge  of  his  efficiency  and  deportment?  A. 
Well,  I  have  always  looked  upon  him  as  a  very  competent  Librarian, 
and  have  looked  upon  his  conduct  there  in  the  librarj^  in  my  pres- 
ence, and  to  me,  as  entirelj^  unexceptionable,  and  I  consider  him  the 
proper  man  in  the  proper  place.  Of  course,  when  I  first  had  occasion 
to  use  the  library,  I  was  there  simply  as  a  citizen,  holding  no  State 
office  and  having  no  particular  claim  upon  him  or  upon  the  library. 
As  I  said  before,  I  was  in  attendance  on  the  Legislature,  representing 
certain  interests  there,  all  the  time  during  the  sessions  of  the  Legis- 
lature. His  attention  to  business  was  such  that  it  attracted  my  notice, 
and  I  remarked  it  to  a  great  many,  that  he  appeared  to  be  a  very 
competent,  reliable,  and  worthy  man  in  the  place. 

Cross-examin  ation. 

Mr.  Hoj.L — Your  experience  with  Mr.  Wallis  has  been  in  the  Law 
Library?     A.  Both  in  the  Law  Library  and  in  the  general  library. 

Q.  Now,  what  was  the  kind  of  service  that  you  called  upon  him  to 
perform?  A.  Well,  in  the  Law  Library,  of  course,  I  was  writing 
briefs  on  almost  every  conceivable  question,  as  you  might  say;  that 
is,  on  a  wide  range  of  subjects,  and  frequently  I  would  go  to  him  and 
say:  "Have  you  any  authorities  on  such  and  such  a  proposition?" 
and  "I  would  like  to  have  you  show  tliem  to  me,"  or  "do  you  know 


207 

where  I  can  find  them?"  It  was  both  U[)on  legal  questions  and  other 
questions. 

Q.  What  else  in  that  line?    A.  Well,  that  is  all. 

Q.  He  seemed  to  have  some  familiarity  with  the  law  books?  A. 
Yes. 

Q.  And  could  sometimes  tell  you  where  certain  points  had  been 
decided  and  where  you  would  find  decisions  on  certain  propositions? 
A.  Yes. 

Q.  Now,  in  the  miscellaneous  library  what  was  the  service  that  he 
performed  for  you  there?  A.  Well,  I  would  frequently  desire  mis- 
cellaneous books  bearing  upon  legal  questions — upon  constitutional 
questions. 

Q.  Then  you  would  ask  him  for  the  books?  A.  Sometimes  I 
would  ask  hitn  for  the  books,  designating  them,  and  sometimes  I 
would  ask  him  if  he  had  any  books  in  the  library  bearing  upon  cer- 
tain subjects. 

Q.  He  knew  the  books  were  in  the  library  and  could  furnish  them? 
A.  Yes. 

Q.  That  is  about  the  extent  of  your  knowledge  in  reference  to  his 
ability  as  Librarian?     A.  Yes. 

Mr.  HiNKSON — Do  you  mean  to  be  understood  that  his  knowledge 
that  certain  books  were  in  the  library,  and  that  he  could  furnish 
them  to  you,  that  that  was  the  extent  of  his  knowledge?  A.  Of 
course,  I  do  not  know  anything  about  that. 

Q.  I  am  speaking  in  reference  to  your  testimony.  You  have  tes- 
tified that  he  furnished  you  authorities  on  various  questions  that  you 
were  examining?     A.  Yes. 

Q.  Judge  Holl  tried  to  make  it  appear  that  so  far  as  you  know,  that 
was  the  only  knowledge  he  had  as  to  the  books  you  called  for?  A.  I 
do  not  wish  to  be  understood  as  testifying  to  that. 

Mr.  Holl — As  far  as  the  contents  of  books  is  concerned  what 
knowledge  did  he  have?  A.  He  seemed  to  know  if  I  went  there  and 
asked  for  authorities  upon  a  certain  point,  where  to  find  them. 

Q.  That  is  in  the  Law  Library?  A.  No;  in  the  miscellaneous 
library.  He  seemed  to  know  if  he  had  books  there  that  treated  on 
that  subject,  and  he  would  go  and  get  them. 

Q.  That  is  what  I  say.  If  you  wanted  to  investigate  a  certain  sub- 
ject in  the  miscellaneous  library,  you  would  ask  Mr.  Wallis  if  he  had 
books  that  treated  on  that  subject?     A.  Yes. 

Q.  And  lie  knew  whether  he  had  them?     A.  Yes. 

Q.  And  would  get  them?     A.  Yes. 

Mr.  J.  8.  Wallis — At  those  times  did  he  give  you  information  and 
converse  with  you  intelligently  upon  the  subject  that  you  referred 
to  and  desii'ed  to  investigate,  witbout  going  to  the  books  and  author- 
ities? A.  Well,  he  did  to  the  e:xtent  of  giving  me  to  understand — for 
instance,  if  I  would  be  writing  a  brief  on  the  question  of  the  State 
and  its  legislative  limits,  I  would  say:  "Have  you  anything  that 
bears  on  that  question?"  and  he  would  say:     "Yes;  I  have." 

Q.  Would  he  then  speak  of  it?  A.  He  would  then  explain  some- 
what as  to  what  certain  authors  had  stated  on  the  subject,  and  he 
would  get  the  books. 


208 

Mr.  HoLL — Give  us  some  instance  of  that  that  your  mind  recurs  to 
now?  A.  Well,  I  was  writing  a  brief  upon  the  question  of  the  power 
of  the  Legislature  to  prohibit  the  sale  of  intoxicating  liquors  within 
one  mile  of  the  University,  and  within  certain  distances  of  the  State 
institutions  generally,  and  I  said  to  him  that  I  wanted  some  books — 
text-books  not  in  the  Law  Library,  but  by  writers  upon  govern- 
mental subjects,  who  treated  on  the  State  and  its  legislative  limits — 
and  then  he  went  on  to  tell  me  what  Lieber  said  about  it,  and  Mill 
on  Liberty,  and  other  authors,  and  went  and  got  them  for  me. 


Testimony  of  William  T.  Wallace. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSoN — You  reside  in  San  Francisco?     Answer — Yes. 

Q.  You  are  a  lawyer  by  profession?     A.  Yes. 

Q.  You  have  been  a  Justice  of  the  Supreme  Court  of  this  State? 
A.  Yes. 

Q.  During  what  period?    A.  From  1870  to  1880. 

Q,.  And  was  Chief  Justice  during  what  part  of  that  time?  A. 
Eight  years. 

ComjJetencij  and  Deportment  of  Librarian. 

Q.  Do  you  know  Talbot  H.  Wallis,  the  present  State  Librarian? 
A.  Yes;  I  know  him. 

Q.  How  long  have  you  known  him?  A.  I  could  not  tell  that.  I 
have  known  him  for  a  long  time. 

Q.  Have  your  official  duties  brought  you  in  contact  with  him  fre- 
quently, during  your  term  of  office?  A.  I  do  not  remember  when 
Mr.  Wallis  came  there. 

Q.  He  went  there  in  1871.  Please  state  what  you  know  of  his 
qualiti cations  in  the  discharge  of  the  duties  of  Librarian? 

Mr.  HoLL — Limiting  it  to  your  own  personal  knowledge. 

A.  Well,  I  never  saw  any  objection  to  Mr.  Wallis  in  any  respect  in 
my  connection  with  the  library.  He  always  seemed  to  be  exceed- 
ingly accommodating,  pleasant,  and  agreeable. 

Mr.  HiNKSON — Did  he  seem  to  understand  the  duties  of  the  office, 
as  far  as  your  observation  extended?  A.  As  far  as  my  observation 
extended,  I  never  saw  anything  that  indicatedthat  he  did  not. 

Cross-examination. 

Mr.  HoLL — Did  you,  during  that  time,  by  conversation  or  other- 
wise, learn  anything  about  Mr.  Wallis'  attainments  on  different  sub- 
jects of  literature,  liistory,  art,  and  science?  A.  I  do  not  think  that 
I  did.  I  went  frequently  into  the  library'  and  inquired  for  what  I 
wanted,  and  got  it  without  trouble.     He  seemed  to  be  entirely  familiar. 

Q.  You  would  inquire  for  certain  works,  and  he  would  get  them 
for  you?    A.  Yes;  I  do  not  think  I  ever  consulted  him. 


209 

Q.  Did  lie  furnish  you  sucli  books  as  you  called  for?     A.  Yes. 

Q.  You  had  very  little  intercourse  with  him?  A.  Very  little;  but 
when  I  had  any  business  there  he  seemed  to  be  very  polite,  and 
made  it  agreeable  for  me  to  go  there. 

Q.  He  was  ready  at  all  times  to  serve  you?  A.  Yes.  I  do  not 
know  as  I  ever  tested  him  by  asking  his  opinion  about  things. 

Q.  You  do  not  remember  of  ever  making  any  test  as  to  his  acquire- 
ments— his  general  acquirements?  A.  No.  You  mean  as  a  Libra- 
rian ? 

Q.  No.  I  mean  as  a  man  of  general  information  and  general 
intelligence,  and  one  familiar  with  books — science,  art,  literature,  and 
history?  A.  I  suppose  that  I  was  i)resent  when  he  was  admitted  to 
the  bar — I  do  not  refer' to  that.  You  are  speaking  of  literature,  I 
suppose.  Of  course  Mr.  Wallis  underwent  an  examination  before 
us  as  to  his  qualifications  for  admission  to  the  bar. 

Q.  That  is  not  the  idea.  As  a  Librarian,  do  you  know  whether 
or  not,  of  your  own  knowledge,  he  possesses  those  attainments  which 
a  person  in  his  position,  having  charge  of  a  literary  institution  of 
that  kind,  should  possess?  A.  Well,  I  can  only  say  that  I  have  been 
there  a  great  deal,  and  I  did  whatever  I  wanted  to  do  there,  and  if 
there  is  any  defect  or  fault  in  his  attainments  I  never  discovei'ed  it. 

Q.  You  never  had  any  occasion  to  make  any  particular  inquiry  to 
satisfy  your  mind  whether  he  was  or  was  not  possessed  of  those 
qualifications?     A.  The  question,  certainly,  was  never  up. 

Mr.  J.  S.  Wallis — You  mean  to  say  that,  so  far  as  your  observa- 
tion goes,  and  the  necessities  which  called  you  to  the  library,  you 
always  found  him  competent?     A.    Entirely  so — entirely. 


Testimony  of  A.  L.  Rhodes. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  J.  S.  Wallis — Where  do  you  reside?     Answer — In  San  Jose. 

Q..  What  is  your  occupation?     A.  Attorney  9,t  law  now. 

Q.  Have  you,  during  the  past  ten  years,  held  any  public  position? 
A.  I  was  a  Justice  of  the  Supreme  Court  until  four  years  ago.  I  left 
the  bench  in  1880. 

ComjJetency  and  Deportment  of  Librarian. 

Q.  During  that  time  had  you  any  occasion,  in  your  public  or 
private  capacity,  to  visit  the  State  Library?     A.  Very  often. 

Q.  Are  you  acquainted  with  the  present  Librarian,  Talbot  H. 
Wallis?  A.  Yes,  I  have  known  him  since  he  was  a  boy,  and  all  the 
time  that  he  has  been  in  the  liljrary.  I  saw  more  of  him  there  than 
I  did  previously. 

Q.  State  what  you  know  of  his  competency,  and  of  his  conduct 
and  demeanor  towards  you  and  other  persons,  in  your  presence,  in 
the  library?     A.  I  have  seen  nothing  that  was  exceptional  in  his 

•     27 


210 

demeanor  towards  others.  My  knowledge  of  his  capacity  as  a  Libra- 
rian is  confined  mostly  to  the  law  department;  and  upon  inquiry 
for  books  of  any  description,  if  I  could  not  readily  lay  my  hands 
upon  them,  I  would  always  ask  him  for  them,  if  he  was  accessible, 
and  I  found  him  very  ready  and  capable  in  that  direction. 

Q.  In  making  those  applications  to  him,  did  he  ever  express  any 
opinion,  or  give  you  any  information  upon  the  subject-matter  of 
your  investigation,  without  referring  to  the  authorities?  A.  Yes, 
many  times. 

Cross-examination . 

Mr.  HoLL — In  what  respect?  A.  When  questions  would  come  up, 
or  inquiries  in  relation  to  a  particular  work  or  volume — and  it  has 
happened  several  times — he  would  say  so  and  so  has  that  book ;  and 
in  speaking  of  cases,  he  would  speak  of  the  points  to  which  the  case 
was  applicable,  and  he  would  speak  of  other  books  in  which  there 
were  authorities  on  the  same  subject. 

Q.  Can  you  now  remember  any  of  the  subjects?  A.  No,  I  could 
not. 

Q.  You  do  not  know  whether  it  was  a  subject  that  was  frequently 
discussed  or  not?  A.  No;  nor  could  I  tell  whether  it  was  something 
where  the  knowledge  came  from  recent  discussion  by  counsel  in  the 
library.  It  might  have  been  so.  He  could  remember  those  things 
very  readilj',  much  more  readily  than  I  could. 

Q.  Do  you  know  anything  about  his  general  attainments  in  litera- 
ture, science,  and  art?  A.  Very  little.  Our  conversation  has  been 
mainly  directed  to  legal  matters  and  law  works  and  law  publications. 
I  have  a  few  times  been  brought  in  contact  with  him  in  respect  to 
matters  in  the  miscellaneous  library,  and  once  or  twice  I  iiave 
inquired  for  works  which  are  not,  perhaps,  frequently  inquired  for, 
and  he  has  gone  and  got  them  for  me  after  saying  that  he  had  them. 

Q.  That  would  show  a  familiarity  with  the  arrangement  of  the 
library?  A.  To  some  degree.  It  might  be,  however,  that  those  books 
were  rare  and  out  of  the  usual  run,  but  he  would  know  where  they 
coulS  be  found.     It  might  show  that,  and  it  might  not. 

Q.  As  to  the  contents  of  books,  did  you  ever  discuss  that  subject 
with  him  so  as  to  know  anything  about  his  knowledge?  k.  Not  in 
the  literary  or  scientific  department.  I  do  not  think  it  ever  hap- 
pened. 


Testimony  of  Geoege  H.  Perry. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?    Answer — In  San  Francisco. 
Q.  What  is  your  profession?     A.  Attorney. 

Q.    Do  you  hold  any  official  or  State  position?     A.    I  do;  I  am 
Senator  from  the  Tenth  District. 


211 

Competencij  and  Dcjjortment  of  Librnrian. 

Q.  Do  you  know  Talbot  H.  Wallis.  the  State  Librarian?    A.  Yes. 

Q.  Have  you  had  any  business  relations  with  him  in  his  official 
capacity?    A.  I  have. 

Q.  State  what  you  know  of  his  qualifications  for  that  position  from 
yonr  own  personal  observation?  A.  Well,  both  during-  the  session 
of  1881,  when  I  was  liolding  a  position  in  the  Legishiture,  and  during 
this  last  session,  1  was  in  daily  communication  with  Mr.  Wallis,  and 
I  was  m  the  library  a  great  deal  of  my  time.  I  found  him  veiy  will- 
ing and  accommodating,  and  he  would  pick  out  ihe  books  that  I 
asked  for  with  great  readiness,  and  on  any  particular  point  that  I 
would  ask  him  about.  I  cannot  remember  the  exact  points,  but  I 
would  ask  him  frequently  with  referenc^e  to  certain  points  and  he 
seemed  to  possess  a  ready  knowledge  of  what  I  desired. 

Q.  That  is  as  to  the  contents  of  books?    A.  Yes. 

Q.  What  position  did  you  occupy  in  the  Legislature  of  1881  ? 
A.  Clerk  of  the  Judiciary  Committee  of  the  Assembly,  and  as  such 
I  spent  the  greater  portion  of  ray  time  in  the  library.  Mr.  McClure, 
the  Chairman  of  the  committee,  was  continually  referring  questions 
to  me  that  compelled  me  to  seek  the  library  and  to  seek  the  aid  of 
Mr.  Wallis.  I  found  him  most  accommodating  at  that  time,  and  I 
appealed  to  him  ver}^  often  for  information. 

Q.  He  readily  furnislied  you  information  and  authorities  upon 
questions  of  law  that  arose  in  the  Legislature?     A.   Yes,  he  did. 

Q.  What  was  his  deportment  and  demeanor  towards  yourself  and 
other  visitors  when  you  visited  the  library?  A.  I  always  found  Mr. 
Wallis  a  ver}^  accommodating  person,  and  in  very  many  cases  he 
put  himself  out  to  accommodate  me,  that  is  in  obtaining  books  for 
me.  From  my  observation,  he  manifested  the  same  disposition 
towards  others.  I  have  no  complaint  to  make  myself,  and  heard  of 
none. 

Cross-examination. 

Mr.  HoLL — Your  connection  with  him  was  in  the  Law  Library 
principally?  A.  It  was,  so  far  as  my  duties  were  concerned.  During 
ray  spare  time  I  read  a  great  deal  in  the  library,  and  spent  a  great 
deal  of  time  there  in  looking  up  other  matters. 

Q.  Give  us  some  instance  that  you  can  call  to  mind  wherein  he 
displayed  any  knowledge  of  the  contents  of  books?  A.  That  would 
be  somewhat  difficult,  owing  to  the  lapse  of  time.  I  remember  that 
I  was  following  up  a  series  of  historical  readings  at  that  time,  on  my 
own  account,  and  I  very  often  conversed  with  Mr.  Wallis  on  that 
subject.  That  was  in  1881,  during  the  session  of  tiie  Legislature, 
and  he  helloed  me  considerably  in  picking  out  l)ooks,  and  we  con- 
versed considerably  there.  That  was  the  genei'al  course  of  mj'  read- 
ing at  that  time.  During  the  last  session,  of  course,  it  was  more  on 
legal  propositions.  I  read  a  great  deal  in  tiie  library,  and  looked  up 
points  that  were  being  debated  during  the  session,  but  I  cannot 
specify  any  particular  work  the  last  tirae.    It  was  a  course  of  general 


212 

inquiry — you  might  term  it  so,  but  there  was  nothing  that  is  now 
fixed  on  my  mind,  not  expecting  that  it  woukl  be  necessary  to 
recall  it. 

Q.  In  your  historical  researches,  give  us  some  instance  where  Mr. 
Wallis'  superior  knowledge  was  of  any  assistance  to  you?  A.  I  only 
got  notice  to  appear  here  a  few  minutes  ago,  and  I  have  not  had  time 
to  recall  anything  very  particularly;  but  I  made  a  number  of 
inquiries  about  English  writers  and  English  authors.  That  is  the 
best  of  my  recollection.  He  helped  me  there,  I  kno^v.  More  than 
that  I  could  not  say.    I  only  know  that  I  derived  assistance  froip  him. 

Q.  You  would  ask  him,  for  instance,  who  had  written  on  certain 
historical  subjects?  A.  Yes.  The  idea  I  mean  to  convey  is,  that 
Mr.  Wallis  seemed  to  know  just  what  I  wanted,  and  he  seemed  to 
know  where  it  was  in  the  library,  and  he  knew  what  works  the 
library  contained. 

Q,.  if  you  wanted,  for  instance,  a  history  of  the  Netheidands,  you 
would  ask  him  whether  he  had  any  histories  of  the  Netherlands, 
and  he  would  be  able  to  tell  you  the  authors  who  had  written  his- 
tories on  that  subject  ?  A.  Yes,  that  is  about  the  idea  that  I  want 
to  convey. 

Q.  And  the  same,  for  instance,  if  you  wanted  to  peruse  a  history  of 
England,  he  could  give  you  the  name  of  the  authors  who  had  written 
histories  of  England?     A.  Yes;  and  collateral  matters. 

Q.  That  is  about  the  information  he  would  furnish  you,  by  assist- 
ing you?     A.  Well,  my  inquiries  of  him  did   not  go  any  deeper. 
What  inquiries  I  made  he  seemed  to  be  well  up  on,  and  he  was  in  a- 
position  Mdiere  he  could  readily  accommodate  me. 

Q.  The  inquiries  you  made  were  not  as  to  the  contents  of  the 
works,  but  as  to  what  books  he  had  tliat  treated  upon  subjects?  _  A. 
That  is  the  best  of  my  recollection.  I  had  very  many  conversations 
with  him,  but  at  this  date  I  could  not  give  you  the  purport  of  those 
conversations.     I  only  know  generally  that  we  talked  about  it.  _ 

Q.  When  you  came" to  the  Law  Library  he  showed  some  familiarity 
with  the  decisions  and  the  subject  that  you  were  investigating?  A. 
I  could  hardly  term  it  "  some."  He  showed  himself  ready  in  furnish- 
ing whatever  books  I  wanted.  That  was  especially  so  in  relation  to 
the  subject  of  contested  elections.  I  remember  that  more  particu- 
larly. I  looked  up  some  of  those  matters  on  my  own  account,  and 
for  others,  and  he  helped  me  a  good  deal. 

Q.  WHiat  information  did  he  furnish  you.  Did  he  furnish  you  the 
books  that  contained  the  decisions?  A.  There  were  a  number  of 
cases  cited  by  the  Senators  on  the  other  side,  and  I  made  note  of 
them  and  one  or  two  of  the  reports  I  liad  lost  track  of,  and  I  gave 
him  the  cases  and  he  named  the  reports  to  me. 

Mr.  J.  S.  Wallis — During  the  researches  you  speak  of,  and  the 
conversations  that  you  have  referred  to,  did  he  manifest  a  knowledge 
and  did  he  impart  any  information  to  you  upon  the  subject  without 
referring  to  any  author  or  any  book  or  any  authority?  A.  Well,  in 
this  one  matter — this  contested  election  matter — he  did.  He  seemed 
conversant  with  it.  It  is  so  long  ago,  and  these  matters  not  being 
fixed  in  my  mind,  I  cannot  say. 


213 

Q.  Did  these  coiiv«^rsations  go  beyond  the  mere  fjict  tliat  there  was 
a  certain  book  written  by  a  certain  anthor,  ordid  they  reach  the  con- 
tents and  the  subject-matter?  A.  Well,  to  the  best  of  my  recollec- 
tion they  did,  but  I  could  not  state  i)ositively,  as  it  is  so  long  ago. 

Mr.  lioLL — Do  you  recollect  now  a  single  instance  wiiere  he  ever 
was  able  to  furnish  you  with  a  historical  fact  outside  of  furnishing 
you  with  the  books  which  contained  that  fact?  A.  lam  not  prepared 
to  answer  that  positively.  It  is  three  years  ago  now,  and  the  only 
thing  tijat  is  fixed  in  my  mind  is  that  1  was  pursuing  that  course  of 
reading  at  that  time,  and  I  know  that  Mr.  Wallis,  on  a  number  of 
occasions,  was  of  benefit  to  me.  Just  what  the  conversations  were,  or 
liow  much  he  helped  me,  I  could  not  say  positively. 

Q.  Do  you  call  to  mind  any  time  when  you  sat  down  with  liim 
without  books  and  discussed  historical  subjects  when  he  displayed 
an}^  knowledge  of  history?  A.  I  do  not  remember  of  any  particular 
time;  no. 


Testimony  of  James  A.  Johnson. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — You  reside  in  San  Francisco,  Governor?  Answer — 
Yes. 

Q.  What  official  position  do  you  now  occupy?  A.  I  am  Registrar 
of  San  Francisco. 

Q.  You  are  one  of  the  publishers  of  the  Alta  California?     A.  Yes. 

Q.  What  official  positions  have  you  held  under  the  Government  of 
this  State?  A.  Weil,  the  last  one,  and  during  Mr.  Wallis'  time,  was 
that  of  Lieutenant-Governor. 

Competency  and  Deportment  of  Librarian. 

Q.  How  long  have  you  known  Mr.  Wallis?  A.  Well,  that  I  cannot 
say.     I  have  known  him  for  several  years. 

Q.  You  have  had  occasion  to  visit  the  library  during  that  period 
very  frequently  ?     A.  Yes. 

Q.  Will  you  please  state,  in  your  own  way,  what  you  know  of  Mr. 
W^allis'  qualifications  for  that  position  ?  A.  Well,  I  consider  Mr. 
Wallis  a  well  qualified  Librarian,  from  what  I  have  seen  of  him.  I 
never  had  any  occasion  to  call  upon  him,  except  in  the  Law  Library. 
If  I  wanted  a  book  when  I  was  in  office  at  any  time,  I  would  call  for 
it,  and  get  it.  Mr.  Wallis  generally  waited  upon  me,  and  steered  me 
clear  in  the  Law  Library.  Outside  of  that  I  do  not  recollect  having 
occasion  to  call  upon  him. 

Q.  Can  you  call  to  mind  occasions  when  lie  has  rendered  you 
assistance  and  furnished  you  authorities  on  any  subject?  A.  No;  but 
I  am  satisfied  that  Mr.  Wallis,  on  a  great  many  occasions,  had  found 
me  the  books  that  I  wanted  and  })rovided  me  with  material  to  work 
with.     I  do  not  know  as  I  ever  called  upon  him  for  any  authorities, 


214 

because  I  always  came  into  the  library  prepared  to  do  my  own  work 
when  I  found  tlie  books. 

Q.  What  has  been  Mr.  Wallis'  deportment  and  treatment  of  your- 
self and  other  visitors  in  the  library  when  you  have  been  there? 
A.  His  deportment  towards  me  has  always  been  that  of  extreme 
politeness. 

Q.  Accommodating  ?    A.  Very,  indeed. 

No  cross-examination. 


Testimony  of  Albert  Lyser. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — Where  do  you  reside?    Answer — In  San  Francisco. 
Q.  What  is  your  occupation?     A.  I  am  a  teacher  and  editor  of  the 
Pacific  School  Journal. 

Competency  and  Deportiment  of  Librarian. 

Q.  Do  you  know  Talbot  H.  Wallis,  the  State  Librarian?  A.  I  have 
known  him  slightly  for  five  or  six  or  seven  years,  I  think,  and  quite 
well  for  tliree  years. 

Q.  During  the  time  when  the  Journal  was  the  official  organ  of  the 
State  Department  of  Public  Instruction  did  your  business  bring  you 
in  frequent  contact  with  him  as  State  Librarian?  A.  My  business 
has  not,  but  my  tastes  have.  I  am  something  of  a  book  worm,  and 
I  have  made  the  State  Librarj^  in  Sacramento  something  of  a  haunt 
when  I  have  been  there. 

Q.  State  what  you  know  of  his  qualifications  from  your  observa- 
tion? A.  I  have  always  found  him  exceedingly  accommodating  in 
every  way,  and  apparently  well  acquainted  with  the  contents  of 
books. 

Q.  In  the  miscellaneous  department?  A.  In  the  miscellaneous 
department.     I  know  nothing  of  any  other. 

Cross-exaniin  at  ion. 

Mr.  HoLL — What  made  that  impression  on  your  mind,  that  he 
knew  the  contents  of  books?  A.  I  would  go  into  the  library  to  read, 
and  I  would  generally  ask  for  books,  and  he  would  frequently- suggest 
something  in  the  line  I  was  pursuing.  There  was  one  instance  that 
Avas  quite  suggestive,  in  the  way  of  art.  I  remember  in  particular  of 
his  showing  me  books  on  art,  or  illustrated  works,  which  showed  that 
if  he  had  not  much  knowledge  he  must  have  had  a  very  keen  appre- 
ciation at  least  of  art,  to  my  mind.  I  remember  particularly  of  his 
showing  me  some  very  fine  illustrations  of  the  Paris  Exposition. 

Q.  He  simply  exhibited  those  to  you  as  works  of  art?  A.  He 
seemed  to  know  what  was  in  them.  He  seemed  to  know  that  the}'' 
were  works  of  art. 

Q.  He  could  not  very  well  know  less  than  that?    A.  No;  you  mis- 


215 

understand  me.  From  my  knowledge  a  person  might  take  those 
books  and  look  at  them  as  pretty  pictures,  and  nothing  more.  I 
think  he  certainl^^  showed  a  little  more  than  common  appreciation. 
That  has  often  been  my  observation — two  i)ersons  will  look  at  works 
of  art ♦ 

Q.  You  mean  that  he  has  the  qualifications  of  an  art  critic?  A. 
To  what  extent  I  do  not  know.  He  has  some  such  qualifications, 
whether  natural  or  acquired,  I  do  not  know. 

Q.  That  was  made  manifest  to  your  mind  by  his  bringing  to  your 
notice  some  works  of  art?  A.  Yes;  and  by  his  pointing  out  their 
beauties. 

Q.  You  do  not  know  liow  often  they  had  been  pointed  out  to  him 
by  connoisseurs?     A.  No;  of  course  not. 

Q.  Did  you  ever  enter  upon  any  discussions,  independent  of  books, 
with  Mr.  Wallis?     A.  No;  never;  not  that  I  remember. 

Q.  You  say  that  you  are  considerably  addicted  to  reading.  liave 
you  any  particular  line  of  studies  that  you  pursue,  or  is  it  miscella- 
neous? A.  Well,  I  have  .made  something  of  a  study  of  history  and 
literature,  what  we  call  the  belles-lettres. 

Q.  Upon  either  of  those  subjects,  independent  of  books,  have  you 
ever  tested  Mr.  Wallis  as  to  the  extent  of  his  information?  A,.  No; 
that  would  be  an  examination.  I  can  simply  judge  by  general 
impressions. 

Q.  General  impressions  formed  by  conversing  with  him?  A.  Gen- 
eral impressions  by  conversations  in  regard  to  books. 

Q,.  Then  have  you  had  conversations  with  him  independent  of 
books?  A.  No;  my  impressions  were  formed  by  my  asking  for  some 
book,  and  by  his  suggesting  kindred  works. 

Q.  That  is  to  say,  that  he  had  other  works  on  the  same  subject? 
A.  W^ell,  probably  that  he  had  other  works  on  the  same  subject,  but 
the  impression  conveyed  to  my  mind — and  it  may  be  erroneous — was 
that  he  had  some  knowledge  of  the  subject-matter  in  the  books. 

Q.  You  gathered  that  from  the  fact  that  he  referred  you  to  books? 
A.  Yes. 

Q,.  You  never  tested  him  as  to  his  actual  knowledge  of  such  books? 
A.  No. 

Mr.  HiNKSON — Do  you  remember  of  ever  having  had  discussions 
with  him  in  reference  to  the  merits  of  different  authors,  and  especially 
of  educational  authors,  and  if  so,  what  knowledge  did  he  display, 
and  what  j.udgment,  in  regard  to  those  authors?  A.  I  do  not  remem- 
ber any  particular  conversations,  but  the  impressions  left  upon  my 
mind  are  based  on  my  conversations  with  him. 

Mr.  HoLL — We  do  not  want  your  impressions,  but  we  want  the 
facts  which  produced  them.  The  impression  will  be  produced  upon 
the  minds  of  the  Trustees. 

A.  I  was  not  there  to  examine  Mr.  Wallis,  and  I  made  no  note  of 
my  conversations  with  him,  or  of  the  questions  that  were  asked.  I 
consider  myself,  and  believe  I  am  considered  by  all  who  know  me, 
an  expert  in  matters  of  that  kind,  if  nothing  else;  and  I  think  if  I 
have  an  opportunity  to  talk  to  a  gentleman  eight  or  ten  or  a  dozen 


216 

times  on  literary  subjects,  I  will  go  away  with  a  verj^  clear  and,  I 
believe,  an  accurate  notion  of  the  man's  acquirements. 

Q.  Do  you  mean  now  to  give  your  impressions  of  Mr.  Wallis' 
attainments  based  on  such  circumstances  as  you  mention?  A.  I 
mean  to  state  that  my  impressions  of  Mr.  Wallis,  from  ci rep m stances 
more  or  less  intimate  than  I  can  relate,  were  that  he  knew  the 
subject-matter  of  ciuite  a  range  of  books,  and  I  was  surprised  par- 
ticularly to  find  that  he  knew  it — knew  so  much  about  art  in  the 
instance  which  I  have  related. 

Q.  Do  you  remember  to  have  discussed  any  matters  with  him 
except  when  you  asked  him  for  certain  books,  and  desired  to  consult 
him?  A.  I  never  consulted  Mr.  Wallis  about  anything.  Our  con- 
versations were  incidental.  Had  tliey  been  for  the  purpose  of  con- 
sultation I  could,  perhaps,  relate  them. 

Q.  Was  an  impression  jjroduced  upon  you  to  the  effect  that  he  is 
thoroughlj'  up  in  modern  history?     A.   That  I  could  not  say. 

Q.  Or  in  ancient  history?     A.  That  I  could  not  say. 

Q.  You  have  no  impression  as  to  the  extent  of  his  historical 
knowledge?  A.  No,  I  could  not  say  that  I  have.  If  you  were  to 
ask  me  if  I  considered  him  well  informed,  I  should  say  yes. 

Q.  Upon  what?  A.  Either  ancient  or  modern  history.  As  to  the 
extent  of  his  information  I  could  not  say,  unless  I  undertook  .to 
examine  them.     I  could  ascertain  in  half  an  hour. 

Q,.  You  have  never  set  yourself  about  to  ascertain?  A.  No,  but 
he  made  a  favorable  impression,  and  in  my  mind  that  is  extremely 
strong. 


Testimony  of  Donald  Bruce. 

Called  for  the  defense,  sw^orn. 

Mr.  J.  S.  Wallis — Where  do  you  reside?  Answer — In  this  city 
and  county. 

Q.  What  is  your  occupation  ?     A.  Publisher. 

Coinpetency  and  Dej^ortment  of  Librarian. 

Q.  Are  you  acquaintad  with  Talbot  H.  Wallis,  the  State  Librarian? 
A.  Yes. 

Q.  Have  you,  during  the  past  three  years,  had  occasion  to  visit  his 
office  either  on  private  matters  or  public?     A.  Yes. 

Q.  What  has  been  the  conduct  and  demeanor  of  Mr.  Wallis  towards 
you  when  j^ou  visited  there?  A.  Always  quite  satisfactory,  and  I  pre- 
sume from  what  little  knowledge  I  have  of  the  office 

Mr.  HoLL — Do  not  presume;  state  the  knowledge  that  you  have. 

Mr.  J.  S.  Wallis — Did  he  conduct  himself  in  the  same  manner 
towards  other  persons  when  you  were  there  as  he  did  towards  you — 
gentlemanly  and  courteous?  A.  Yes,  to  the  best  of  mj^  knowledge 
and  belief. 


217 

Q.  Did  yon  at  any  time  go  to  the  library  for  the  j^irpose  of  getting 
information?     A.  Yes. 

Q.  AV lien  you  sought  that  information  did  Mr.  Wallis  at  any  time 
give  it  to  you  without  reference  to  books  or  authorities?  A.  Well,  I 
think  what  I  wanted  more  i)articularly  were  the  proceedings  of  pre- 
vious sessions  of  the  Legislature,  and  I  think  he  gaA'e  me  some  co])ies 
of  them.  I  do  not  know  that  I  required  any  i)articular  information 
of  him.  His  action  was  satisfa(;tory  to  me.  My  relation,  of  course, 
was  not  continuous  or  intimate,  but  from  what  I  know  of  Mr.  Wallis, 
I  have  no  criticism. 

No  cross-examination. 


Testimony  of  Creed  Haymond. 

Called  and  sworn  on  behalf  of  the  defense. 

Mr.  HiNKSON — You  reside  in  San  Francisco?    Answer — Yes. 

Q.  You  are  an  attorney  at  law  by  profession  ?     A.  Yes. 

Q.  W^iat  ofScial  position  have  you  occupied  under  the  State  Gov- 
ernment since  the  year  1871?  A.  Well,  I  was  Chairman  of  the  Code 
Commission  that  drafted  the  Codes  of  California,  and  I  served  one 
term  in  the  State  Senate. 

Competency  and  Deportment  of  Librarian. 

Q.  Did  your  public  and  private  duties  call  you  to  the  office  of  the 
State  Librarian  frequently  during  that  period  ?  A.  Yes,  until  within 
the  last  two  or  three  years. 

Q.  Do  you  know  Talbot  H.  Wallis?  A.  Yes,  I  have  known  him 
for  several  years — ever  since  he  has  been  in  the  library. 

Q,.  You  have  had  business  with  him  in  his  official  capacity  as 
Librarian,  have  you?     A.  Very  frequently. 

Q.  State,  if  you  please,  what  you  know  of  his  qualifications  for 
the  duties  of  that  office?  A.  Well,  I  hardly  know  whether  I  am 
competent  to  pass  on  the  qualifications  of  a  State  Librarian. 

Mr.  HoLL — The  testimony  that  is  sought  is  of  facts  that  you  know, 
by  coming  in  contact  with  Mr.  Wallis,  going  to  show  his  competency. 
It  is  not  an  expression  of  opinion,  but  a  statement  of  your  knowledge. 

A.  Well,  I  have  had  occasion  to  use  the  law  department  of  the 
library,  and  also  the  miscellaneous  department,  for  a  great  many 
years  past  and  until  the  last  two  or  three  years,  and  I  always  found 
him  entirely  familiar  with  it,  and  able  and  willing  at  all  times  to 
produce  any  books  desired;  and  if  I  did  not  know  the  exact  book, 
but  knew  the  subject,  he  was  always  ready,  and  willing,  and  able  to 
furnish  it,  if  it  was  in  the  library.  As  far  as  I  know,  he  is  as  good  a 
Librarian  as  the  State  could  have.  His  manners  have  always  been 
those  of  a  gentleman,  and  he  has  always  been  willing  to  accommo- 
date visitors  at  the  library,  as  well  as  those  who  had  to  use  it  for 
information,  and  without  regard  to  office  hours.  Since  I  have  been 
in  San  Francisco  I  have  on  a  great  many  occasions,  from  necessity, 

28 


218 

had  to  correspond  with  him  as  to  matters  connected  with  his  duties, 
and  I  always  found  him  prompt  to  answer  and  to  afford  any  informa- 
tion which  he  coukL 

Mr.  HiNKSON — And  well  informed  as  to  the  duties  of  his  office,  as 
far  as  your  experience  went?  A.  As  far  as  I  could  judge.  Of  course 
I  know  nothing  about  purchasing  books,  and  scarce  know  what 
would  make  up  a  library. 

Mr.  J.  S.  Wallis — You  would  go  there  frequently  to  seek  infor- 
mation ?     A.  Ver3^  frequently  in  years  past. 

Q.  In  doing  so  would  Mr.  Wallis  display  a  knowledge  of  the 
subject-matter  and  communicate  to  you  any  facts  in  relation  to  it, 
without  relation  to  books  and  authorities?  A.  Very  frequently. 
He  was  in  charge  of  the  Law  Library  for  many  years  there,  and  I 
found  him  very  familiar  with  it. 

Cross-examination. 

Mr.  HoLL — That  is  with  the  Law  Library,  or  do  you  include  in 
that  the  miscellaneous  department?  A.  Of  course  my  inquiries 
were  more  particularly  directed  to  the  Law  Library,  but  I  have  had 
occasion  to  inquire  as  to  books  bearing  on  legal  subjects  that  were 
in  the  miscellaneous  library — historical  works  and  histories  of  juris- 
prudence, and  with  those  he  seemed  to  be  verj^  familiar. 

Q.  Li  going  to  the  Law  Library,  what  service  did  you  require  and 
receive  from  Mr.  Wallis,  as  Librarian?  A.  Well,  often  it  was  simply 
to  ask  for  a  book,  and  often  to  inquire  as  to  the  state  of  the  decisions 
upon  given  subjects  at  dates  subsequent  to  which  the  digests  were 
ma.de  up,  and  law  periodicals,  and  the  late  reports. 

(cl.  As  to  your  inquiries  in  that  direction,  what  did  he  do  except  to 
furnish  you  the  publications  from  which  you  could  obtain  tlie  infor- 
mation that  you  sought?  A.  I  found,  somewhat  to  my  surprise — 
because  I  did  not  expect  it,  and  was  not  prejudiced,  in  the  start,  in 
favor  of  Mr.  Wallis — I  found,  to  my  surprise,  that  on  all  leading 
topics  he  was  well  posted  on  the  decisions. 

Q.  That  is,  those  of  the  State  Courts?  A.  Yes;  and  the  English 
reports. 

Q.  Did  you  ever  have  occasion  to  call  upon  him  to  furnish  you 
information  contained  in  the  miscellaneous  library?  A.  No;  not  to 
any  great  extent. 

Q.  Did  you  ever,  during  your  acquaintance  with  him,  talk  or  dis- 
cuss questions  of  general  knowledge,  science,  art,  or  literature  with 
him?  A.  No;  I  do  not  think  I  have.  My  life  has  been  a  pretty  busy 
one,  and  when  I  was  there  I  was  generally  at  work  at  something  that 
I  was  more  directly  called  upon  to  look  up,  up  to  the  time  that  I 
came  to  San  Francisco. 

Q.  You  have  then  no  personal  knowledge  of  his  acquirements  in 
miscellaneous  learning?    A.  No;  I  have  not. 


219 

State  Library,  April  3,  1884. 

The  Board  of  Trustees  met  at  two  r.  m.,  pursuant,  to  call.  Present, 
Trustees  Freeman,  Belcher,  and  Johnson;  S.  Solon  JIoll,  for  the 
prosecution,  and  Add.  C.  Hinkson  and  J.  C.  Ball,  for  the  defense. 

Mr.  HoLL — 1  wish  to  state  to  the  Board  the  position  that  I  occupy 
at  present  with  reference  to  this  case.  By  looking  on  page  150 
of  the  printed  testimony,  which  was  taken  at  Sacramento,  you 
will  there  find  that  when  this  matter  was  last  before  the  Board  it 
was  determined  at  first  to  hear  no  farther  testimony  from  Mr. 
Wallis,  upon  the  ground  then  stated  by  Trustee  Edgerton,  "that 
the  witness  has  no  right  to  testify  in  his  own  behalf,  having  refused 
to  testify  upon  such  subjects  and  in  answer  to  such  questions  as  the 
Board  have  ruled  to  be  competent."  Then, "  after  a  lengthy  argument, 
the  question  as  to  whether  the  witness  should  be  allowed  to  testify 
was  reserved  for  the  action  of  the  full  Board. 

"The  Board  then  adjourned  to  meet  at  San  Francisco  at  the  call  of 
the  President,  upon  notice  to  counsel  on  each  side  of  five  days." 

Afterwards  there  was  a  proposition  made  by  the  otlier  side,  and  in 
pursuance  of  that  certain  testimony  was  taken  by  deposition  at  San 
Francisco  before  Trustee  Johnson.  But  the  Board  has  never,  since 
the  time  referred  to,  been  in  session  or  considered  this  matter.  The 
meeting  of  the  Board  contemplated  to  be  held  at  San  Francisco  was 
never  held;  consequently,  the  matter  which  was  referred  to  the  full 
Board,  is  now,  for  the  first  time,  in  condition  to  be  brought  before  it 
for  action,  although  this  is  not  a  full  meeting.  I  have  drawn  up  a 
brief  statement  of  the  position  that  I  occupy  in  regard  to  it,  which  I 
will  read: 

In  the   matter  of  the  Charges  actAinst   Talbot   H.  Wallis, 
State  Librarian,  for  Incompetency. 

To  the  lionoraJdc  Board  of  Trustees  of  the  State  Library: 

When  this  matter  was  last  before  the  Board,  Mr.  Wallis  was  called 
upon  the  witness  stand,  and  a  course  of  inquiry  entered  upon  for  the 
purpose  of  testing  the  competency  of  Mr.  Wallis  to  discharge  the 
duties  pertaining  to  his  office  by  a  personal  examination.  A  series 
of  questions  were  thereupon  propounded  to  Mr.  Wallis,  which  ques- 
tions were,  by  the  Board,  ^lecided  to  be  proper,  and  overruled  the 
objection  urged  by  Mr.  Wallis'  counsel  to  this  manner  of  examina- 
tion. He,  however,  refused  to  answer  any  of  the  questions.  The 
Board  will  find  these  questions  on  pages  97,  98,  and  99  of  the  printed 
testimony.  It  was  thereafter  decided  by  the  Board  that  Mr.  Wallis 
could  not  be  heard  on  his  own  behalf,  because  he  had  refused  to 
answer  such  proper  questions  as  the  Board  had  decided  competent. 
[See  page  15t),  printed  testimony.]  Finally,  however,  it  was  deter- 
mined to  refer  the  question,  whether  Mr.  Wallis  should  be  heard  on 
his  own  behalf,  to  the  full  Board,  which  was  to  meet  at  San  Fran- 
cisco at  the  call  of  the  President  of  the  Board,  at  five  days'  notice. 
The  meeting  at  San  Francisco  has  not  been  held,  nor  any  other 


220 

meeting  of  the  Board,  to  decide  this  question.  It  is,  therefore,  now 
before  the  Board  for  its  determination.  And  ifpon  the  part  of  the 
prosecution,  we  ask  that  this  matter  be  now  considered,  and  that 
this  Board  refuse  to  hear  Mr.  Wallis  on  his  own  behalf,  or  consider 
any  testimony  produced  or  to  be  produced  by  him  until  he  submits 
himself  to  a  personal  examination  of  his  competency  to  discharge 
the  duties  of  State  Librarian,  and  answers  such  questions  as  this 
Board  decides  to  be  competent  and  proper. 

If  the  Board  decides  that  Mr.  Wallis  shall  submit  to  such  a  per- 
sonal examination,  we  ask,  upon  the  part  of  the  prosecution,  that  a 
day  be  fixed  by  this  Board  for  such  examination,  and  that  the  same 
be  held  and  had  before  a  full  Board. 

Should  the  Board  determine  not  to  permit  the  prosecution  to  prove 
the  incompetency  of  the  Librarian  by  a  personal  examination,  they 
decline  to  pursue  the  matter  any  further,  but  submit  the  testimony 
heretofore  taken  in  support  of  the  charges  to  the  honorable  Board 
for  their  consideration  and  action. 

S.  SOLON  HOLL, 
Attorney  for  the  Prosecution. 

That  is  the  position  the  prosecution  occupies. 

The  Chairman — Does  the  defense  desire  to  proceed  with  the 
examination  of  Mr.  Wallis? 

Mr.  HiNKSoN — Yes,  sir;  we  desire  to  ask  him  a  few  questions.  I 
will  say,  in  relation  to  the  objection  to  his  testifying  that,  as  the 
Board  will  see,  that  matter  was  left  at  the  last  meeting  in  the  same 
position  as  though  no  ruling  had  been  had.  It  was  determined 
finally  that  the  matter  should  be  submitted  to  the  Board  at  its  next 
meeting  to  rule  upon,  as  to  whether  or  not  Mr.  Wallis  was  in  con- 
tempt. Hence  I  presume  any  action  the  Board  previously  took 
would  have  no  weight  now  in  deciding  the  question.  It  does  seem 
to  me  that  as  this  investigation  is  for  the  purpose  of  inquiring  into 
certain  charges  made  against  Mr.  Wallis — one  being  as  to  his  com- 
petency to  discharge  the  duties  of  his  office — these  questions  pro- 
pounded by  Judge  Holl  were  entirely  foreign  to  that  examination. 
I  cannot  perceive  their  relevancy,  nor  how,  even  if  Mr.  Wallis  were 
not  able  to  answer  any  one  of  them,  it  would  be  any  evidence  of  his 
incompetency  to  manage  this  library.  It  seems  to  me  that  the  matter 
for  the  Board  to  inquire  into  is  as  to  his  competency  and  his  manage- 
ment of  the  library  in  a  general  way.  But  it  will  be  observed,  on 
an  examination  of  the  questions  referred  to,  that  several  of  them  go 
outside  of  that  entirely,  and  make  inquiry  as  to  his  knowledge  of  the 
character  and  kind  of  libraries  existing  in  different  counties.  Now, 
I  think  a  librarian  might  be  the'most  efficient  officer  imaginable  and 
yet  not  abl<5  to  answer  any  of  those  questions  propounded  by  Judge 
Holl;  and  certainly  if  they  are  not  material,  and  Mr.  Wallis  refused 
to  answer  them  for  that  reason,  I  think  the  Board  ought  not  to  con- 
sider that  he  is  in  contempt. 

Mr.  Ball — To  tliat  I  would  add  the  query,  whether  legally  Mr. 
Wallis  can  be  deprived  of  the  privilege  of  testifying  as  to  a  fact 
which  has  been  specified  in  the  charges  and  brought  in  evidence 


221 

against  him;  whotlicr  he  has  not  tlie  rip;ht  of  vindication?  To  illus- 
trate more  clearly :  Supi)Ose  a  witness  is  i)ut  under  a  rule  and  ordered 
to  .absent  himself  from  the  Court-room  during  the  examination  of 
other  witnesses.  If  he  disobeys  he  is  clearly  in  conteni[)t,  and  the 
(^ourt  may  i)unish  him  for  that  contemi)t,  but  he  cannot  be  pre- 
vented from  testifying".  If  my  memory  serves  me,  the  question  was 
brought  up  in  an  action  for  divorce  where  the  Court  had  made  an 
order  for  the  husband  to  pay  alimony;  he  neglected  or  refused  to  do 
it,  and  the  Court  undertook  to  i>unisii  him  by  striking  out  his  answer, 
and  allowing  him  no  standing  in  his  own  defense;  but  the  Sui)reme 
Court  held  that  such  a  course  could  not  be  pursued;  that  whilst  he 
was  clearly  in  contempt  he  still  had  a  right  to  be  heard  in  the  mat- 
ter being  litigated.  Now,  we  desire  to  ask  Mr.  Wallis  one  or  two 
questions  as  to  a  fact  that  has  been  specified  in  the  charges  against 
him  and  concerning  which  he  can  testify.  Mr.  Hinkson  suggests,  as 
Judge  Belcher  was  not  here  at  the  time,  that  Mr.  Wallis  was  called 
by  the  prosecution  and  made  a  witness  by  the  prosecution  when  the 
questions  referred  to  were  asked  by  Judge  Holl. 

Mr.  Holl — I  called  him  for  a  personal  examination,  and  those 
questions  were  asked  ;  which  lie  refused  to  answer. 

Mr.  Ball — His  pounscl  advised  him  not  to  answer  them. 

Trustee  Belcher — How  many  members  of  the  Board  were  pres- 
ent when  those  questions  were  asked? 

Mr.  Holl — Three;  Johnson,  Edgerton,  and  Owen. 

Mr.  Ball — To  bring  this  matter  directly  to  the- consideration 
of  the  Board,  perhaps  we  had  better  ask  Mr.  Wallis  the  questions 
we  desire  to. 

Trustee  Belcher — Has  the  prosecution  closed? 

The  Chairman — Yes;  and  the  defense  has  called  Mv.  Wallis  for 
examination  in  regard  to  certain  ciuestions. 

Trustee  Belcher — I  should,  myself,  regard  most  of  the  questions 
asked  by  Judge  Holl,  to  Avhich  an  answer  was  refused  by  Mr.  Wallis, 
as  entirely  objectionable.  Whether  Mr.  Wallis  knows  the  names  of 
libraries  of  importance  in  Germany  or  not,  it  seems  to  me  is  wholly 
immaterial.  And,  under  the  circumstances,  I  am  in  favor  of  over- 
ruling the  objection. 

The  question  being  put,  the  objection  of  the  prosecution  to  the 
defendant  testifying  further  was  overruled — Belcher  and  Freeman 
voting  in  the  affirmative,  Johnson  in  tlie  negative. 


Examination  of  Talbot  H.  Wallis — Resumed. 

The  Chairman — The  question  to  the  witness  is — the  objection 
having  been  overruled — as  found  on  page  149:  "There  has  been 
testimony  given  here  in  relation  to  a  certain  letter  received  through 
Wells,  Fargo  &  Co.'s  Exi)ress,  directed  to  Miss  Patton,  which  Miss 
Patton  claims  was  not  delivered  to  her  ^4  the  proper  time.  Please 
explain  your  conduct  in  relation  to  that  letter?"  A.  All  I  know 
of  the  Wells,   Fargo   letter   which   Miss   Patton    had   reference  to, 


222 

and  concerning  which  you  question  me,  is  this :  I  had  been  sick, 
and  one  day — I  cannot  tell  the  exact  date — I  came  into  my  private 
office  about  ten  o'clock  in  the  morning  for  the  purpose  of  drawing 
some  checks  in  order  to  send  some  money  to  New  York.  There 
was  a  Wells,  Fargo  letter  lying  on  my  table;  who  brought  by  I  do 
not  know.  It  had  been  the  custom  to  bring  the  letters  there  and 
throw  them  down  on  my  table,  so  I  thought  nothing  of  it,  but  went 
to  work  at  the  desk  drawing  the  checks.  After  I  had  finished,  I  left 
and  went  home,  and  the  next  day  being  Sunday,  did  not  return  until 
Monday  morning,  when  I  went  from  the  main  room  into  my  ],>rivate 
office  and  there  commenced  making  out  some  bills.  There  had  been, 
it  seems,  three  or  four  letters  left  on  my  table,  and  that  addressed  to 
Miss  Patten  had  been  taken  by  Brown,  the  porter,  as  he  told  me  after- 
wards, and  placed  upon  Miss  Patton's  table.  Miss  Patton  came  in 
shortly  and  said  :  "  Did  you  receive  any  letter  for  me  here  this  morn- 
ing? "  I  answered  :  "  No  ;  I  did  not  notice  any  letter  for  you."  She 
then  said  :  "  Did  not  you  lay  a  letter  addressed  to  me  on  my  table  ?" 
I  answered  that  I  did  not,  and  questioned  Mr.  Gunn  about  it,  who  said 
he  did  not  know  anything  about  it.  A  few  minutes  afterwards,  as  I  was 
standing  there.  Brown  came  in  through  the  main  door,  and  I  said: 
"Brown,  have  you  seen  anything  of  a  letter  addresse(^  to  Miss  Patton  ?  " 
He  replied,  "  Yes,  I  laid  oneon  hertable  this  morning."  I  then  turned 
and  said:  "  Miss  Patton,  did  you  hear  that?  Brown  says  he  placed 
the  letter  on  your  table."  She  answered:  ''Mr.  Wallis,  I  will  send 
you  to  the  State  Prison  for  opening  mj-  letter,"  and  turned  to  iNIr. 
Gunn  and  said,  "Will  you  show  me  how  ?  "  Mr.  Gunn  said  he  would 
have  nothing  to  do  with  it.  I  then  remarked  to  Mr.  Gunn:  "Will 
you  have  the  kindness  to  show  ^liss  Patton  the  procedure  whereby 
she  can  send  me  to  the  penitentiary?  You  will  do  ine  a  great  favor 
if  you  will,  as  I  am  very  busy  this  morning,  and  not  very  well,  and 
do  not  wish  to  be  annoyed  by  or  have  any  further  conversation  with 
her."  Miss  Patton  was  then  about  to  leave  the  room,  when  Frank 
Freeman  came  in,  and  she  turned  to  him  and  said:  "I  would  just  as 
lief  believe  that  you  would  open  that  letter  as  Mr.  Wallis."  She  then 
walked  out  and  said  no  more.  That  is  all  that  I  know  about  that 
letter.  As  to  the  other  letter  which  she  has  mentioned,  I  know 
nothing  of  it  at  all. 

Mr.  HiNKSON — Which  other  letter?  A.  The  letter  by  mail  which 
she  accused  me  of  breaking  open. 

Mr.  Ball — Have  you  ever  opened  any  letter  addressed  to  Miss 
Patton?     A.  I  have  not. 

Q.  Or  detained  any  letter  addressed  to  her?     A.  No — no  letter. 

Q.  There  has  been  some  testimony  given  in  relation  to  a  letter 
said  to  have  come  through  Wells,  Fargo  &  Co.'s  Express,  addressed 
to  R.  O.  Cravens.  Miss  Patton  has  testified  that  she  handed  you  such 
a  letter,  and  that  you  soon  afterwards  said  you  had  thrown  it  into 
the  fire.  State  to  the  Board  if  you  know  anythiug  in  relation  to  that? 
A.  I  do  not.  I  do  not  rememljer  of  any  letter  coming  through  Wells, 
Fargo  &  Co.'s  Express  beiii^-  left  here  for  Mr.  Cravens.  Never  that  I 
am  aware  of  did  Miss  Patton  give  me  a  letter  in  a  Wells,  Fargo  & 
Co.'s  envelope  addressed  to  Mr.  Cravens. 


223 

Q.  Did  she  ever  give  you  a  letter  in  any  envelope  addressed  to  Mr. 
Cravens?  A.  No;  and  I  never  received  any,  with  the  exception  of 
envelopes  not  sealed  inclosing  i)anii)hlets,  addressed  to  Mr.  Cravens 
as  State  Librarian.  I  have  received  letters  Ijy  mail  addressed  to  "  R. 
0.  Cravens,  State  Librarian,"  relating  to  library  matters,  which  I 
have  sent  to  him  and  he  has  returned  to  me;  but  I  am  ])ositive  that 
no  letter  addressed  to  him,  coming  through  Wells,  Fargo  &  Co.'s 
Express,  was  ever  delivered  to  me  in  this  library  or  ever  received  by 
me. 

Q.  Have  you  ever  received  from  Miss  Patton  any  letter  in  any 
envelope  addressed  to  R.  0.  Cravens,  which  you  threw  into  the  fire? 
A.  No. 

Q.  Did  you  throw  any  of  Mr.  Cravens'  letters  into  the  fire,  or.destroy 
them  in  any  way?  A.  No;  with  the  exception  of  some  pamphlets 
which  might  have  come  in  open  envelopes  not  sealed,  directed  to 
him,  which  I  might  look  at,  regard  of  no  consequence,  and  use  to 
light  the  fire  with. 

Q.  Simply  open  pamphlets,  which  you  regarded  as  of  no  conse- 
quence? A.  Yes;  opened  pamj^hlets  in  unsealed  envelopes,  not  a 
letter.  Miss  Patton  has  also  stated  that  I  brought  Brown  into  my 
private  office,  locked  the  door,  and  had  a  conversation  with  him, 
after  which  he  went  out  and  in  a  few  minutes  came  into  the  library 
when  I  asked  him  the  question  I  have  already  related.  I  desire  to 
say  that  Brown  was  not  in  my  private  office  that  morning,  locked  up 
with  me  at  all;  that  the  only  time  he  was  in  the  room  was  when  he 
came  in,  took  the  letters  and  distributed  them,  and  then  the  door 
was  open,  and  we  had  no  conversation  whatever  regarding  the  letter 
of  Miss  Patton  until  I  spoke  to  him  as  he  came  in  the  main  door. 

Q.  There  was  no  agreement  or  preconcert  between  you  and  Brown 
that  he  should  make  the  answer  that  he  did  make?     A.  No. 

The  Chairman — Any  cross-examination? 

Mr.  HoLL — No,  sir.  I  have  defined  the  position  of  the  prosecu- 
tion. 

Trustee  Johnson — I  would  like  to  ask  Mr.  Wallis  one  question. 
Did  you  tell  Miss  Patton  you  opened  the  letter  to  her?     A.  No. 

Mr.  HoLL — Any  questions  by  any  member  of  the  Board? 

None  of  the  Trustees  desiring  to  ask  any,  the  defense  announced 
their  case  closed. 

The  Chairman — Any  farther  testimony  by  the  prosecution? 

Mr.  HoLL — I  have  stated  the  position  of  the  prosecution. 

Mr.  Ball — I  may  state  to  the  Board  that  we  were  prepared  with 
some  other  testimony,  which  we  might,  under  some  circumstances, 
have  introduced,  but  as  the  gentleman  preferring  the  charges  and 
the  lady  seeming  to  have  some  interest  in  them,  have  united  their 
destinies  and  gone  in  peace,  we  have  nothing  farther  to  ofier. 

The  Chairman — Do  you  desire  to  argue  the  case  ? 

Mr.  HoLL — Not  on  our  side. 

Mr.  HiNKSON — I  have  taken  quite  an  interest  in  this  matter  as 
attorney  for  the  Librarian,  for  several  reasons;  and  I  had  ex})ected 
to  say  sometliing  to  the  Board  at  the  conclusion  of  the  case.  I  had 
hoped  that  Mr.  Owen  would  be  here  in  person;  and  were  he  here  I 


224 

certainly  should  have  something  to  say  to  the  Board  with  reference 
to  him.  But  he  is  not,  and  I  am  not  one  of  those  who  will  attack  a 
man  behind  his  back.  I  do  say  this,  however,  with  all  due  respect 
to  every  member  of  this  Board :  that  I  think  the  conduct  of  Mr. 
Owen  in  this  matter  has  been  simply  infamous;  and  I  am  perfectly 
willing  to  go  on  the  record  as  having  made  tliat  statement. 

Trustee  Belcher — I  would  not  repeat  it. 

Mr.  HiNKSON — I  shall  not  repeat  it;  but  I  had  hoped,  as  I  have 
said,  that  Mr.  Owen  would  be  here,  for  I  would  then  at  some  length 
have  attempted  to  analyze  this  matter,  and  especially  his  motives,  as 
they  suggest  themselves  to  me. 

Trustee  Belcher — So  far  as  Mr.  Owen  is  concerned,  we  are  not 
trying  him,  and  do  not  want  to  hear  any  remarks  about  him,  and 
should  not  were  he  here. 

Mr.  HiNKSON — Allow  me  to  suggest  this:  that  inasmuch  as  he  has 
preferred  these  charges,  if  it  were  shown  to  the  Board,  to  its  satis- 
faction, that  it  was  done  through  mercenary  motives,  it  would  be 
pertinent,  and  the  Board  might  properly  take  cognizance  of  it. 

Mr.  HoLL — There  is  certainly  no  such  evidence,  and  I  think  it  is 
improper  to  make  any  such  statements. 

Mr.  Ball — We  have  offered  no  evidence  on  that  point,  and  do  not 
choose  to. 

The  Chairman — Do  I  understand  that  the  prosecution  is  willing 
to  submit  the  ca.se  without  argument? 

Mr.  HoLL — Yes,  sir. 

The  Chairman — Then  we  do  not  desire  to  hear  from  the  defense. 

Mr.  HoLL — I  would  suggest,  as  Trustee  Edgerton  was  present  dur- 
ing the  taking  of  the  testimony,  that  the  matter  be  not  decided  by 
the  Board  until  he  can  be  present. 

Trustee  Belcher — I  suggest  that  it  be  taken  under  advisement. 

So  ordered  ;  and,  on  motion,  the  Board  took  a  recess  until  seven 
o'clock  and  thirty  minutes  p.  m. 


At  seven  o'clock  and  thirty  minutes  p.  m.  the  Board  met  pursuant 
to  adjournment;  Messrs.  Edgerton,  Freeman,  Belcher,  and  Johnson 
being  present. 

On  motion  of  Mr.  Edgerton,  seconded  by  Mr.  Johnson,  the  Board 
unanimously  resolved  to  acquit  the  Librarian  on  all  the  charges 
preferred  against,  him. 

On  motion,  the  Board  adjourned. 

C.  E.  GUNN,  Secretary  pro  tem. 


225 

Minutes  Relating  to  the  Investigation. 

■    State  Library,  Sacramento,  ) 
July  26,  1883.  ) 

Board  met  at  one  o'clock  and  ten  minutes  p.  m.,  pursuant  to  the  call 
of  the  Secretary. 

Members  present:  Freeman,  Edgerton,  and  Owen. 

President  of  the  Board,  A.  C.  Freeman,  in  the  chair. 

Mr.  Owen  moved,  that  as  Judge  Belcher  was  absent,  the  Board 
adjourn  for  two  weeks,  to  meet  at  the  call  of  the  President,  to  con- 
sider the  request  of  the  Librarian  to  Miss  Patton  to  resign  her  posi- 
tion as  deputy. 

Motion  seconded  by  Mr.  Edgerton. 

Li  the  general  discussion  which  ensued,  it  was  determined  by  a 
majority  of  the  members  present,  that  the  Board  could  take  no 
action  in  the  matter,  as  it  was  beyond  their  power,  and  wholly  within 
the  province  of  the  Librarian,  and  the  motion  was  not  put. 

Mr.  Edgerton  moved  tliat  Miss  Patton  be  permitted  to  appear  be- 
fore the  Board  and  make  any  statement  she  desired  in  regard  to  the 
performance  of  her  duties  as  Deputy  Librarian. 

Seconded  by  Mr.  Owen. 

Motion  being  put,  it  was  declared  carried ;  Messrs.  Edgerton  and 
Owen  voting  in  the  affirmative,  and  Mr.  Freeman  in  the  negative. 

Miss  Patton  appeared,  but  there  being  no  quorum  present,  she 
retired  without  making  any  statement. 

Quorum  again  present. 

Mr.  Owen  i)roceeded  to  read  several  personal  letters  commenda- 
tory of  Miss  Patton,  but  claimed  them  as  personal,  and  declined  to 
file  them. 

Mr.  Freeman  stated,  if  there  was  no  more  business  to  be  transacted 
a  motion  to  adjourn  would  be  in  order. 

Mr.  Wallis  then  stated  to  the  Board  that  at  twelve  o'clock  and  thirty 
minutes  p.  m.  Mr.  Owen  had  come  to  him  in  his  private  office,  and 
read  to  him  certain  charges  against  him  (Wallis),  signed  by  Mr.  Owen. 
Mr.-  Wallis  asked  that  the  charges  be  filed. 

Mr.  Freeman  moved  that  the  charges  be  read  and  filed,  seconded 
by  Mr.  Edgerton. 

Mr.  Owen  said  "he  had  no  desire  to  present  any  charges." 

The  motion  being  put,  it  was  carried  :  Messrs.  Freeman  and  Edger- 
ton voting  in  the  affirmative ;  Mr.  Owen  not  voting. 

Mr.  Owen  then  said  :  "Mr.  Wallis,  I  have  no  more  desire  to  press 
this  matter  than  you  have  to  have  it  pressed.  You  had  better  recon- 
sider your  action,  and  I  will  withdraAV  the  charges." 

Mr.  Wallis  declared  that  they  involved  his  honor,  refused  to 
reconsider,  and  demanded  an  investigation. 

Mr.  Edgerton  moved  that  the  Board  meet  on  Monday,  August  13, 
1883,  at  the  call  of  the  Chairman,  to  investigate  the  charges  made  by 
Mr.  Owen  against  the  Librarian  (Wallis),  which  being  put  was  carried. 

On  motion,  the  Board  adjourned. 

T.  H.  WALLIS,  Secretary. 
29 


226 

State  Library,  Sacramento,  ) 
August  13,  1883.         J 

The  Board  of  Trustees  met  pursuant  to  adjournment.  Messrs. 
Freeman,  Edgert(#n,  Belcher,  and  Owen  being  present.  The  minutes 
of  the  previous  meeting  were  read  by  the  Secretary  pro  tern.,  C.  E. 
Gunn. 

Mr.  Edgerton  moved  to  strike  out  all  after  the  word  "Owen,"  on  line 
eight,  page  one  hundred  and  forty-five,  down  to  and  including  the 
word  "forever,"  on  line  fifteen  of  the  same  page,  as  the  same  did  not 
properly  belong  to  the  minutes  of  the  previous  meeting.  Carried. 
Minutes  approved  as  corrected. 

Mr.  Edgerton  then  introduced  Hon.  Matt.  F.  Johnson,  wdio  had 
been  appointed  to  take  the  place  of  Hon.  W.  W.  Crane,  Jr., 
deceased  member  of  the  Board.  His  credentials  were  duly  acknowl- 
edged, and  he  was  permitted  to  take  a  seat  in  the  Board  as  a  member 
thereof. 

Judge  S.  S.  Holl  appeared  before  the  Board,  and  stated  that  he 
desired  to  appear  as  counsel  for  Miss  Patton,  in  the  matter  of  the 
charges  preferred  by  J.  J.  Owen  against  State  Librarian  T.  H.  Wallis. 

On  motion  of  Mr.  Edgerton,  it  was  ordered  that  he  be  permitted  to 
appear  as  counsel  for  the  prosecution  in  the  matter. 

Messrs.  Johnson,  Hinkson,  Ball,  and  J.  S.  Wallis  were  permitted 
to  appear  as  counsel  for  the  defense. 

The  Secretary  then  read  the  charges  against  Mr.  Wallis  as  origi- 
nally filed  by  J.  J.  Owen. 

Mr.  Holl  asked  to  see  the  charges,  which  was  allowed. 

Mr.  G.  L.  Johnson,  on  behalf  of  Mr.  AVallis,  read  the  following 
paper,  and  asked  the  same  be  filed,  which  was  so  ordered  by  the 
Board : 

Before  the  Board  of  Trustees  of  the  California  State  Library,  State  of 
California,  County  of  Sacramento,  and  City  of  Sacramento. 

In  the   Matter  of    the    Charges    Against    State    Librarian 
Talbot  H.  Wallis,  preferred  by  Hon.  J.  J.  Owen,  Trustee. 

I. 

Now  comes  Talbot  H.  Wallis  and  says: 

That  the  first  charge,  and  the  three  specifications  thereof,  filed 
against  him  with  the  Hon.  Board  of  Trustees,  is  demurable  on  the 
following  grounds,  to  wit : 

First — That  said  charge  and  specifications  do  not  state  facts  suffi- 
cient to  constitute  a  cause  of  action  or  dismissal  against  him. 

Second — That  the  said  charge  with  the  specifications  is  ambiguous, 
unintelligible,  and  uncertain,  in  this:  that  the  time  and  circum- 
stances of  the  acts  alleged  and  complained  of,  are  not  set  forth 
therein,  and  it  does  not  appear  that  said  acts  have  been  committed 
during  his,  said  Wallis',  term  of  office  as  Librarian,  or  within  the 
office  hours;  nor  are  they,  or  either  of  them,  set  forth  with  sufficient 
particularity  to  enable  him  to  make  any  defense  thereto. 


227 


II. 


That  the  second  of  said  charges,  and  the  two  specifications  thereof, 
is  demurable  upon  the  grounds  following,  to  wit: 

First — That  the  same  is  ambiguous,  unintelligible,  and  uncertain, 
in  this : 

(a)  That  it  does  not  appear  therefrom  that  the  receiving,  retaining, 
or  destroying  the  letters,  alleged  in  said  charge  to  have  been  received, 
retained,  and  destroyed,  was  unlawful,  or  without  authority. 

(/;)  That  the  time,  place,  and  circumstances,  of  such  receiving, 
retention,  and  destruction,  of  letters,  and  the  name  or  names  of  the 
persons  by  whom  said  letters  were  written,  and  the  name  or  names 
of  the  person  or  persons  to  whom  said  letters  were  directed,  are  not 
set  forth  so  as  to  enable  him  to  answer  the  same. 

(c)  That  there  is  not  set  forth  therein  the  particulars  of  time,  place, 
and  circumstances,  and  in  what  matters  and  things  he,  the  said  Wal- 
lis,  has  been  untruthful,  or  wanting  in  proper  dignity  of  deportment, 
or  incompetent  or  unfit  to  discliarge  the  responsible  duties  of  ytate 
Librarian,  so  as  to  enable  him  to  answer  the  same. 

But  not  Ijeing  desirous  of  throwing  any  impediment  in  the  way  of  a 
speedy  and  thorougli  investigation  of  said  charges  and  specifications, 
he,  the  said  Wallis,  hereby  waives  all  of  said  objections  and  his  right 
of  demurrer,  and  now  invites  such  speedy  and  thorough  investiga- 
tion. 

GROVE  L.  JOHNSON, 
ADD.  C.  HINKSON, 
J.  C.  BALL, 
J.  S.  WALLIS, 
Attorneys  for  Talbot  H.  Wallis. 

Mr.  Holl  asked  to  amend  the  charges  particularly  b}'  inserting  the 
words  "and  opening"  in  the  first  specification  of  the  second  charge. 

Whereupon  Mr.  Edgerton  moved  that  Mr.  Holl  have  leave  to  amend 
the  charges  against  Mr.  Wallis,  and  to  serve  a  copy  of  the  same  as 
amended  within  five  days,  and  that  Mr.  Wallis  have  leave  to  answer 
the  same  and  serve  a  co[)y  of  such  answer  within  five  days  thereafter, 
and  that  further  consideration  of  the  charges  be  postponed  till  Tues- 
day, September  4,  1883,  at  one  o'clock  p.  m. 

Carried. 

Mr.  Owen  moved  that  the  Board  request  the  attendance  of  the  fol- 
lowing persons  on  the  fourth  day  of  September,  1883:  R.  O.  Cravens, 
B.  D.  Murphy,  E.  K.  Dunlap,  S.  P.  Maslin,  R.  M.  darken,  Mr.  Met- 
calf,  and  such  other  persons  as  may  be  notified  by  counsel,  five  days 
prior  to  September  fourth. 

Carried. 

Mr.  Edgerton  moved  that  W.  J.  Davis  be  requested  to  act  as  official 
reporter  in  the  matter  of  the  investigation  of  the  charges  against 
Mr.  Wallis. 

Carried. 

C.  E.  GUNN,  Secretary  pro  tern. 


228 

State  Library,  Sacramento,  Cal.,  ) 
September  4,  1883.  j 

Board  of  Trustees  met  pursuant  to  adjournment,  A.  C.  Freeman 
in  the  chair.  Members  present— Messrs.  Freeman,  Edgerton,  Owen, 
and  Johnson — Judge  Belcher  being  absent  employed  in  a  case  in 
the  United  States  Circuit  Court  at  San  Francisco. 

Judge  Holl  inquired  of  the  Board  whether  the  statute  requiring  a 
unanimous  vote  to  remove  the  Librarian  would  be  construed  to 
mean  the  unanimous  vote  of  all  the  members  of  the  Board,  or  the 
unanimous  vote  of  those  present  at  any  regular  meeting.  The  Chair- 
man informed  Mr.  Holl  that,  in  his  judgment,  the  unanimous  vote 
of  the  whole  Board  would,  be  necessary. 

It  was  stipulated  on  the  part  of  the  attorneys  for  the  prosecution 
and  defense  that  the  testimony  in  the  matter  of  the  investigation 
might  be  heard  in  the  absence  of  Judge  Belcher;  that  the  testimony 
be  submitted  to  him,  and  that  his  vote  in  the  matter  might  be  had 
at  the  determination. 

Mr.  Owen  offered  the  following  resolution  and  moved  its  adoption: 

Resolved,  That  the  proceedings  of  this  investigation  be  pliono- 
graphically  reported  bj^  Mr.  Davis,  at  such  per  diem  as  may  be  agreed 
upon  between  Mr.  Davis  and  the  Board  of  Trustees,  the  same  to  be 
paid  out  of  the  State  Library  Fund  ;  provided,  the  Board  have  the 
authority  to  pay  out  said  fund  for  said  purposes. 

The  roll  being  called,  the  following  vote  was  had: 

Ayes — Messrs.  Edgerton,  Johnson,  and  Owen. 

No— Mr.  Freeman.  ^ 

And  the  motion  was  declared  carried. 

Mr.  Owen  moved  to  strike  out  all  the  second  part  of  the  answer, 
marked  IL     The  roll  being  called,  the  following  vote  was  had: 

Ayes — Messrs.-  Edgerton,  Johnson,  and  Owen. 

No— Mr.  Freeman. 

Matter  ordered  stricken  out  of  the  answer. 

On  motion,  Board  adjourned  to  September  5,  1883,  at  nine  o'clock 

A.  M. 

C.  E.  GUNN,  Secretary  pro  tern. 


State  Library,  Sacramento,  Cal.,  ] 
September  5,  1883.         ] 

Board  of  Trustees  met  pursuant  to  adjournment;  Messrs.  Edgerton, 
Owen,  and  Johnson  present. 

On  tlie  part  of  the  attorneys  for  the  prosecution  and  the  defense,  it 
was  stipulated  that  testimony  in  the  matter  of  the  investigation 
might  be  had  in  the  absence  of  Trustee  Freeman,  and  that  it  might 
be  submitted  to  him,  and  that  his  vote  might  be  had  at  the  final 
determination  of  the  matter. 

At  nine  o'clock  and  twenty  minutes, Board  adjourned  to  September 
sixth,  at  nine  o'clock  a.  m. 

C.  E.  GUNN,  Secretary  pro  tern. 


229 

State  Library,  Sacramento,  ) 
September  6,  1883.  J 

Board  met  pursuant  to  adjournment. 

Matter  of  investigation  of  State  Librarian  Wallis  taken  up. 

Mr.  Holl  stated  that  inasmuch  as  Mr.  Wallis  had  refused  to  answer 
certain  questions  propounded  the  evening  previous,  he  would  close 
the  prosecution. 

On  motion,  it  was  ordered  that  the  reporter  write  up  the  testimony 
thus  far  given,  and  that  he  give  the  same  into  the  hands  of  the  Sec- 
retarj'  pro  tern.,  C.  E.  Gunn. 

On  motion,  the  Secretary  was  ordered  to  have  printed  two  hundred 
and  tift}'  copies  of  the  testimony,  to  be  delivered  to  the  State  Library, 
and  that  he  attend  to  the  correction  of  the  proof. 

On  motion,  the  Secretary  pro  tem.  was  directed  to  correspond  with 
Trustee  I.  S.  Belcher,  to  ascertain  at  what  time  it  would  be  most 
convenient  for  him  to  attend  a  meeting  of  the  Board  between  this 
date  and  the  twentieth  instant. 

On  motion,  it  was  ordered  that  when  the  date  of  the  next  meeting 
of  the  Board  was  ascertained,  the  Secretary  give  to  each  of  counsel 
five  days'  notice  thereof. 

On  motion.  Board  adjourned  to  meet  at  call  of  Chairman. 

C.  E.  GUNN. 


Note. — The  minutes  of  further  meetings  of  the  Board  in  the 
matter  of  the  investigation  will  be  found  incorporated  in  the  testi- 
mony beginning  at  page  150. 

A  meeting  for  the  further  consideration  of  the  charges  against  Mr. 
Wallis  was  called  for  the  thirty-first  day  of  January,  1883,  but  a  con- 
tinuation for  the  period  of  tw^o  months  was  had  at  the  request  of  Mr, 
Owen. 

C.  E.  GUNN,  Secretary  pro  tem. 


i 


INDEX. 


SUBJECT  i:ndex. 


PAGE 

Adjoumrnent  to  San  Francisco 135 

Amended  charges 4 

Answer  to  amended  charges R 

Charges  amended j 4 

Committees,  Legislative,  reports  of — 

State  Library,  Senate ]?>! 

State  Library,  Assembly 132 

COMPETF.NCY    AND    DePORTMKNT   OP   LIBRARIAN — 

Wit7ies-'ies  called  for  Prosecution. 

darken,  R.  M 33 

Cravens,  R.  0 37 

Gunn,  C.  E 42,  134 

Johnson.  Howard 83,  84 

Kelsey,  Hattie  E 13 

Patton,Mattie  A. 50 

Wallis,  T.  H 92-99 

Wit7iesses  called  for  Defense. 

Bates,  George  E. 140 

Beatty,  W.  H 138 

Beaumont.  Duncan i 124 

Beck,  W.  A . 175 

Belcher,  William  C 184 

Bruce,  Donald 216 

Bruner,  El  wood 142 

Buck.  L.  W 155 

Buckley,  Henry  L. 141 

Buckley,  John  J 104 

Carpenter,  G.J 199 

Chandler,  A.  L 204 

Church,  William  S 120 

Cosby,  George  B 114 

Craddock,  J.  H 174 

Cross.  C.  W 171 

Culver,  J.  H J 202 

Danforth.  F.  R 151 

Davis,  Winfield  J 125 

Devlin,  Robert  T 136 

Dunn,  Chauncey  H 143 

Enos,  John  S 189 

Fiukler,  H.  C 159 

George,  Wilbur  F 118 

Gildea,  Charles 115 

Goddard.  A.   F ." 145 

Gordon,  George  W 183 

Grunskv.  C.  E 116 

Hall,  W.  H 1L7 

Haymond,  Creed 217 

Howell,  John  G 177 

L'win,  William 194 

Johnson,  Grove  L 133 

Johnson,  James  A 213 

Lyser,  Albert 214 

Mahon,  Frank 132 

Mauson,  Marsden 180 

Markley,  John 122 

Maslin,  E.  W 127 

May,  W.  B 191 

McCarthy,  T 164 

McClure,  David 167 


234 

Competency  AND  Deportmknt  of  Librarian — Witvesses  called  for  Prosecution — Continued. 

Murdock,  C.  A 182 

Nye,  Stephen  G 200 

O'Connor,  Thomas  F 157 

Perkins,  George  C , 161 

Perry,  George  H. 210 

Rhodes,  A.  L. 209 

Ryan,  Pierce  H 195 

Sears,  William  H 165 

Shattuck,  A.  E 129 

Tobin,  J.  J 130 

Van  Fleet,  W.  C 102 

Vrooman,  Henry 205 

Wallace,  William  T 208 

Wendell,  J.  F : 196 

Willey,  H.  I 122 

COKSPIRACY    AGAINST    LIBRARIAN 

Witnesses  called  for  Prosecution.  * 

Kelsey,  Hattie  R 22 

Patton,  Mattie  A 55,  72 

Witnesses  called  for  Defense. 

Freeman,  F.  F 100,  106 

Wallis,  T.  H 148 

Correspondence  op  Library — 

Gunn,  C.  E . 38 

Hart,  Albert 76,  78 

Kelsey,  Hattie  R . 16,  24 

Wallis,  T.  H 92-96 

Deportment — (See  competency  and  deportment.) 

Detention  of  and  Opening  Letters — 
Witnesses  called  for  Prosecution. 

Cravens,  R.  0 37 

Johnson,  Howard 84 

Miller,  C.E 76 

Owen,  J.  J... 89 

Patton,  Mattie  A 45,  51,  52,  60,  64,  78 

Tracy,  Felix 78 

Zimmerman,  Mrs. 65,147 

Witnesses  called  for  Defense. 

Armstrong,  J.  W 123 

Brown,  W.  F J 112 

Freeman,  F.F 101,  107 

Gunn,  C.  E 135 

Wallis,  T.  H ._. 221-224 

Drinking  and  Smoking  in  Library — 

darken,  R.  M 32,34,  35 

Dunlap,  E.  K 7 

Johnson,  Howard 83,  84 

Kelsey,  Hattie  R. 11,  24.26 

Maslin,  S.  P .._. 88 

Patton,  Mattie' A 43,  51,  61 

Filing  charges 225 

Legislative  committees,  reports  of 131 

Minutes  of  proceedings  of  Board  of  Trustees 160,  225-229 

Newspaper  Publications — 

Bee,  Sacramento 86,  87 

Mercury,  San  Jose 149 

Patton,  M.  A • 72-76 

Wallis,  T.H 148,  149 

Offer  to  withdraw  charges 225 

Report  of  legislative  committees 131 

Untruthfulness  of  Librarian — 

Witnesses  called  for  Prosecution. 

Cravens,  R.  0 78 

Kelsey,  Hattie  R 16,  18,  26 

McKune,  John  H 35 

Patton,  Mattie  A 69 

Opening  Letters — (See  detention  and  opening  of  letters.) 


II^DEX-WITI^ESSES. 


PACK 

Armstrong.  Jolin  W.,  testimony  of,  for  the  defense 123,  124 

Oi)ening  and  detention  of  letters 123,  124 

Bates,  Geo.  E.,  testimony  of.  for  the  defense 140,  141 

Competency  and  deportment  of  Librarian 140,  141 

Beatty,  W.  H.,  testimony  of,  for  tlie  defense 138-140 

Competency  and  deportment  of  Librarian 138-140 

Beaumont,  Duncan,  testimony  of,  for  the  defense 124,  125 

Competency  and  deportment  of  Librarian 124,  125 

Beck,  W.  A.,  testimony  of,  for  the  defense 175,  176 

Competency  and  deportment  of  Librarian 175,  176 

Belcher.  W.  C,  testimony  of,  for  the  defense 184,  189 

Competency  and  deportment  of  Librarian 184—186 

Bricehmd — (See  committee  reports.) 

Brown,  W.  S.,  testimony  of,  for  the  defense 112,  113 

Direct  examination 112 

Cross-examination 112,  113 

Opening  and  detention  of  letters 112,  113 

Bruce,  Donald,  testimony  of,  for  the  defense 216,  217 

Competency  and  deportment  of  Librarian 216,  217 

Bruner,  Elwood,  testimony  of,  for  the  defense 142,  143 

Competency  and  deportment  of  Librarian 142,  143 

Buck,  L.  W.,  testimony  of,  for  the  defense 155,  156 

Competency  and  deportment  of  Librarian 155,  156 

Buckley,  Henry  L.,  testimony  of,  for  the  defense 141,  142 

Competency  and  dejiortment  of  Librarian 141,  142 

Buckley,  J.  J.,  testimony  of,  for  the  defense 104 

Direct  examination 104 

Cross-examination 105 

Competency  and  deportment 104 

Carpenter,  G.  J.,  testimony  of,  for  the  defense 199,  200 

Competency  and  deportment  of  Librarian 199,  200 

Chandler,  A.  L',  testimony  of,  for  the  defense 204,  205 

Competency  and  deportment  of  Librarian 204,  205 

Church,  William  S.,  testimony  of,  for  the  defense 119,  121 

Comjjetency  and  deportment  of  Librarian 119,  120 

Clarken,  R.  M.",  testimony  of,  called  by  prosecution 31-35 

Direct  examination 31-35 

Cross-examination 35 

Drinking  and  smoking 32,  33,  34,  35 

Deportment  of  Librarian 33 

Incompetency  of  Librarian 34 

Cosby,  G.  B.,  testimony  of,  for  the  defense 113,  114 

Competency  and  deportment  of  Librarian 114 

Craddock,  J.  H.",  testimony  of,  for  the  defense —   174 

Competency  and  deportment  of  Librarian 174 

Cravens,  R.  0.,  testimony  of 37,  38,  78 

Direct  examination 37,  38,  78 

Cross-examination 80 

Detention  and  opening  of  letters '--     37 

Deportment  of  Librarian 37,  38 

Untruthfulness  of  Librarian 79 

Minutes  of  Wallis' election  as  Librarian 79 

Cross,  C.  W.,  testimony  of,  for  the  defense 170-174 

Competency  and  deportment  of  Librarian 170-174 

Danforth,  F.  R.,  testimony  of,  for  the  defense -..151-155 

Competency  and  deportment  of  Librarian 151-155 


236 

Davis,  Winfield  J.,  testimony  of,  for  the  defense 125,126 

Competency  and  deportment  of  Librarian 125,  126 

Devlin,  R.  T.,  testimony  of,  for  the  defense 136,  138 

Competency  and  deportment  of  Librarian 136,  137,  138 

Dunlap,  E.  K.,  testimony  of 7-10 

Direct  examination 7 

Cross-examination 9 

Drinking  in  library 7-10 

Dunn,  C.  H.,  testimony  of,  for  the  defense 143,  144 

Competency  and  deportment  of  Librarian 143,  144 

Euos,  John  S.,  testimony  of,  for  the  defense 189-191 

Competency  and  deportment  of  Librarian 189-191 

Finkler,  H.  C,  testimony  of,  for  the  defense 159-161 

Competency  and  deportment  of  Librarian 159-161 

Freeman,  F.  F.,  testimony  of,  for  the  defense 99-102,  106 

Direct  examination 99-102 

Cross-examination 106 

Conspiracy  against  the  Librarian 100,106 

Opening  and  detention  of  lettei-s 101,  107 

George,  Wilbur  F.,  testimony  of,  for  the  defense 118,  119 

Competency  and  deportment  of  Librarian 118,  119 

Gildea,  Charles,  testimony  of,  for  the  defense 115,  116 

Competency  and  deportment  of  Librarian 115 

Goddard,  A.  F.,  testimony  of,  for  the  defense 144-146 

Competency  and  deportment  of  Librarian 145 

Gordon,  G.  W.,  testimony  of,  for  the  defense 183,  184 

Competency  and  deportment  of  Librarian 183,  184 

Grunsky,  C.  E.,  testimony  of,  for  the  defense 116,  117 

Competency  and  deportment  of  Librarian 116 

Gunn,  C.  E.,  testimony  of,  called  by  prosecution 38-43,  91 

Correspondence  of  the  Library 38-41 

Incompetency  of  Librarian 41,  42,  91 

Deportment  of  Librarian 42 

Hall,  W.  Hammond,  testimony  of,  for  the  defense 117,  118 

Competency  and  deportment  of  Librarian 117 

Hart,  Albert,  testimony  of,  for  the  prosecution 76 

Direct  examination 76 

Withdrawn 76 

Recalled 78 

Correspondence  of  Library 76,  78 

Ha^'mond,  Creed,  testimony  of,  for  the  defense 217,  218 

Competency  and  deportment  of  Librarian 217,  218 

Howell,  J.  G.,  testimony  of,  for  the  defense 177-180 

Direct  examination 177 

Cross-examination 177-180 

Competency  and  deportment  of  Librarian 177 

Irwin,  Wm.,  testimony  of,  for  the  defense 194,  195 

Competency  and  deportment  of  Librarian 194,195 

Johnson,  Grove  L.,  testimony  of,  for  the  defense 133,  134 

Competency  and  deportment  of  Librarian 133,  134 

Johnson,  Howard,  testimony  of,  for  the  defense 82 

Direct  examination 82,  85 

Cross-examination 84 

Drinking  in  the  Library 83,  84 

Deportment  of  Librarian 83,  84 

Opening  and  detention  of  letters 85,  86 

Johnson,  James  A.,  testimony  of,  for  the  defense 213 

Competency  and  deportment  of  Librarian 213 

Kelsey,  Hattie  R.,  testimony  of,  called  for  the  prosecution 10-31 

Direct  examination 10-18 

Cross-examination 18-31 

Drinking  and  smoking  in  library 11,  24,  26 

Deportment  of  Librarian 13 

Incompetency  of  Librarian 15,  25 

Correspondence  of  the  library 16,  24 

Untruthfulness  of  the  Librarian 16,  18,. 26 

Conspiracy  against  Librarian 22 

Conspiracy  against  Miss  Patton 28,  29,  30 


237 

Lyser,  Albert,  testimony  of,  for  the  defense 214-216 

Competency  and  deportment  of  Librarian 214-216 

Mad<lox — (See  committee  reports.) 

Mahon,  Frank,  testimony  of,  for  the  defense •..132,  133 

Competency  and  deportment  of  Librarian 133 

Mauson,  Marsden,  testimony  of,  for  the  defense 180-182 

Competency  and  <leportment  of  Librarian 180-182 

Markloy,  Jolin,  testimony  of,  for  the  defense 122,  123 

Competency  and  deportment  of  Librarian 122,  123 

Maslin,  E.  W.,  testimony  of,  for  the  defense 120-128 

Competency  and  deportment  of  Librarian 127,  128 

Maslin,  S.  P.,  testimony  of 87-89 

Drinking  in  library S7-S9 

May,  W.  B.,  testimony  of,  for  the  defense 191-194 

Competency  and  deportment  of  Librarian 191-194 

McCarthy,  T.,  testimony  of,  for  the  defense ...1(J4,   105 

Comi)etency  and  deportment  of  Librarian 164 

McClure,  David,  testimony  of,  for  the  defense , 107-170 

Competency  and  deportment  of  Librarian 167-170 

McKune,  John  H.,  testimony  of 35-.'^ 7 

Direct  examination 35-37 

Untruthfulness  of  Librarian 35-37 

Miller,  C.  E.,  testimony  of 76,  77 

Opening  and  detention  of  letters 76,  77 

Murdock,  C.  A.,  testimony  of,  for  the  defense 182,  183 

Competency  and  deportment  of  Librarian 182,  183 

Nye,  Ste]>hen  G.,  testimony  of,  for  the  defense 200-202 

Competency  and  deportment  of  Librarian 200-202 

O'Connor,  T.  F.,  testimony  of,  for  the  defense 156-159 

Competency  and  deportment  of  Librarian 157 

Owen,  J.  J.,  testimony  of,  for  the  prosecution 89-91 

For  the  defense 148 

Opening  and  detention  of  letters 89-91 

Newspaper  publications 148 

Patton,  M.  A.,  testimony  of 43-65,  69,  78 

Direct  examination 43-51,  69,  70,  78 

Cross-examination 50-06,  70-76 

Recalled 69,  78 

Drinking  and  smoking 43-45,  51,  61 

Opening  and  detention  of  letters 45-50,  51,  52,  60,  64 

Deportment  of  Librarian 50 

Conspiracy  against  Librarian 55,  72 

Untruthfulness  of  Librarian 69,  70 

Newspaper  publications 72-76 

Identification  of  messenger  boy 78 

Perkins,  George  C,  testimony  of,  for  the  defense 161-164 

Competency  and  deportment  of  Librarian 101-164 

Perry,  George  H.,  testimony  of,  for  the  defense .210-213 

Competency  and  deportment  of  Librarian 210-213 

Ehodes,  A.  L.,  testimony  of,  for  the  defense 209,  210 

Competency  and  deportment  of  Librarian 209,  210 

Rj'an,  P.  II.,  testimony  of,  for  the  defense 195,  196 

Competency  and  deportment  of  Librarian 195,  196 

Sears,  Wm.  H.,  testimony  of,  for  the  defense 165-167 

Competency  and  deportment  of  Librarian 165-167 

Shattuck,  A.  E.,  testimony  of,  for  the  defense 128,  130 

Coni]ietency  and  deportment  of  Librarian 129,  130 

Tobin,  J.  J.,  testimony  of,  for  the  defense 130,  131 

Competency  and  deportment  of  Librarian 130,  131 

Tracy,  Felix,  testimony  of 78 

Van  Fleet,  W.  C,  testimony  of 102-104 

Direct  examination 102 

Cross-examination 103 

Competency  and  deportment 102 

Vrooman,  Henry,  testimony  of,  for  the  defense 205-208 

Competency  and  deportment  of  Librarian ' 208,  209 


238 

Wallis,  T.  H,,  testimony  of,  for  the  defense ...92-99 

Exchange  of  books,  foreign  and  domestic 92-97 

Declining  to  answer 97-99 

Reasons  for  declining  to  answer 98 

Newspaper  publications 148,  149 

Opening  and  detention  of  letters 149,  221-223 

Correspondence  of  library 92-96 

Demand  that  charges  be  filed 225 

Wallace,  Wm.  T.,  testimony  of,  for  the  defense 208,  209 

Competency  and  deportment  of  Librarian 208,  209 

Wendell,  J.  F.,  testimony  of,  for  the  defense „   . 196-199 

Competency  and  deportment  of  Librarian 196-199 

Willey,  H.  L,  testimony  of,  for  the  defense 121,  122 

Competency  and  deportment  of  Librarian 1 121,  122 

Zimmerman,  Mrs.,  testimony  of,  for  the  prosecution 65-69 

Testimony  of,  for  the  defense 147,  148 

Direct  examination 65-67 

Cross-examination 67-69 

Opening  and  detention  of  letters 65,  66,  147,  148 


i 


-    ^-        /     fV/         "•■l«t^  UC,  BERKELEY  LIBRARIES  Mr-f' 


